Developing a Designation Recommendation for Indian Country · NAAQS designation recommendation to the EPA for their area of Indian country. It contains guidelines for understanding,

U.S. Environmental Protection Agency

DEVELOPING DESIGNATION

RECOMMENDATIONS FOR

AREAS OF INDIAN COUNTRY

September 2018

Developing Designation Recommendations for Areas of Indian Country

iii

CONTENTS

TABLES ........................................................................................................................................................................ v LIST OF ACRONYMS AND ABBREVIATIONS .............................................................................................................. vi I. INTRODUCTION ................................................................................................................................................7

A. WHAT IS THE PURPOSE OF THIS DOCUMENT?......................................................................................... 7

B. HOW DOES THIS DOCUMENT APPLY TO ME? .......................................................................................... 8

C. WHAT IS THE CLEAN AIR ACT?.................................................................................................................. 8

D. WHAT ARE THE NATIONAL AMBIENT AIR QUALITY STANDARDS AND WHICH POLLUTANTS DO THEY

ADDRESS? ............................................................................................................................................... 11

E. HOW DOES THE EPA SET THE NAAQS .................................................................................................... 11

F. WHAT IS THE TRIBAL AUTHORITY RULE? ............................................................................................... 12

G. SUMMARY POINTS AND FURTHER INFORMATION ................................................................................ 13

II. UNDERSTANDING DESIGNATIONS FOR THE NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) ...... 13

A. WHAT DOES DESIGNATION MEAN? ....................................................................................................... 13

B. WHY ARE DESIGNATIONS MADE? .......................................................................................................... 14

C. WHEN ARE DESIGNATIONS MADE? ........................................................................................................ 15

D. WHAT IS A DESIGNATION RECOMMENDATION AND HOW DO I DETERMINE WHAT TO RECOMMEND?

.. 15

E. ARE TRIBES REQUIRED TO SUBMIT DESIGNATION RECOMMENDATIONS? ........................................... 16

F. WHAT IS THE EPA’S ROLE IN THE DESIGNATION OF INDIAN COUNTRY? ............................................... 16

G. HOW WILL THE EPA ENGAGE TRIBES IN DESIGNATION ACTIVITIES? ..................................................... 18

H. WHAT IS THE TRIBAL ROLE IN THE DESIGNATIONS PROCESS? ............................................................... 18

I. SUMMARY POINTS AND FURTHER INFORMATION ................................................................................ 19

III. DESIGNATION CATEGORIES .......................................................................................................................... 20

A. NONATTAINMENT AREA DESIGNATION .......................................................................................... 20

B. ATTAINMENT AREA DESIGNATION .................................................................................................. 22

C. UNCLASSIFIABLE AREA DESIGNATION ........................................................................................... 23

IV. TRIBAL PARTICIPATION IN THE DESIGNATIONS PROCESS ............................................................................ 25

A. HOW CAN I PARTICIPATE IN THE DESIGNATIONS PROCESS? ................................................................. 25

B. WHAT IS THE PROCESS FOR ESTABLISHING A SEPARATE DESIGNATION FOR INDIAN COUNTRY? ........ 26

C. WHAT ARE THE PROS AND CONS OF SUBMITTING A DESIGNATION RECOMMENDATION? ................. 27

D. HOW ARE DESIGNATION RECOMMENDATIONS RELATED TO THE TRIBAL AUTHORITY RULE,

TREATMENT IN A MANNER SIMILAR TO A STATE, AND TRIBAL IMPLEMENTATION PLANS? ................ 28

E. KEY POINTS AND FURTHER INFORMATION ............................................................................................ 28

V. DEVELOPING A DESIGNATION RECOMMENDATION FOR AREAS OF INDIAN COUNTRY ........................ 29


iv

A. HOW DO I DEVELOP A DESIGNATION RECOMMENDATION? ................................................................. 29

B. CAN I PARTICIPATE IN THE DESIGNATIONS PROCESS FOR SOME CRITERIA POLLUTANTS AND NOT

OTHERS? ................................................................................................................................................. 30

C. WHAT ARE THE FIVE FACTORS THAT I NEED TO ANALYZE? ................................................................... 30

D. WHAT IF I DO NOT SUBMIT A MULTI-FACTOR ANALYSIS? ..................................................................... 31

E. DO I NEED TO ANALYZE ALL FIVE FACTORS? .......................................................................................... 31

F. WHAT EVALUATION TOOLS AND DATA ARE AVAILABLE FOR MY USE? ................................................. 31

G. WHAT OTHER INFORMATION SHOULD I INCLUDE IN THE DESIGNATION RECOMMENDATION? .......... 32

H. KEY POINTS AND FURTHER INFORMATION ............................................................................................ 32

VI. THE FACTORS TO CONSIDER WHEN DEVELOPING A DESIGNATION RECOMMENDATION ........................... 33

A. AIR QUALITY DATA ................................................................................................................................. 34

B. EMISSION-RELATED DATA ...................................................................................................................... 36

C. METEOROLOGY ...................................................................................................................................... 40

D. GEOGRAPHY/TOPOGRAPHY ................................................................................................................... 43

E. JURISDICTIONAL BOUNDARIES ............................................................................................................... 44

F. OTHER RELEVANT INFORMATION .......................................................................................................... 47

VII. SUBMITTING THE DESIGNATION RECOMMENDATION ................................................................................. 48

A. WHERE AND WHEN DO I SEND THE DESIGNATION RECOMMENDATION LETTER AND MULTI-FACTOR

ANALYSIS? .............................................................................................................................................. 48

B. WHEN IS THE DESIGNATION RECOMMENDATION DUE? ....................................................................... 48

C. WHAT IS THE PROCESS FOR REVIEWING MY DESIGNATION RECOMMENDATION? .............................. 48

D. WHAT HAPPENS IF THE EPA AGREES WITH MY DESIGNATION RECOMMENDATION? .......................... 49

E. WHAT HAPPENS IF THE EPA DOES NOT AGREE WITH MY DESIGNATION RECOMMENDATION? .......... 49

F. KEY POINTS AND FURTHER INFORMATION ............................................................................................ 50

VIII. APPENDIX 51

APPENDIX A: INFORMATION ON CRITERIA POLLUTANTS .............................................................................. 53

APPENDIX B: SAMPLE TRIBAL DESIGNATIONS CONSULTATION LETTER ........................................................ 57

APPENDIX C: EPA HEADQUARTERS AND REGIONAL OFFICES TRIBAL CONTACTS ......................................... 59

APPENDIX D: DECISION MATRIX .................................................................................................................... 60

APPENDIX E: EPA REGIONAL ADMINISTRATORS ........................................................................................... 61

APPENDIX F: AIR QUALITY EDUCATION AND TRAINING RESOURCES ........................................................... 62

APPENDIX G: AIR QUALITY MONITORING INFORMATION AND DATA SOURCES .......................................... 63

APPENDIX H: AIR POLLUTION EMISSIONS INFORMATION AND DATA SOURCES .......................................... 64

APPENDIX I: DESIGNATIONS RECOMMENDATION SUBMISSIONS CHECKLIST .............................................. 67

APPENDIX J: EPA TECHNICAL SUPPORT DOCUMENT FOR PM2.5 DESIGNATIONS ........................................ 68


v

TABLE

Table 1. EPA’s Role in the Process for Designations of Indian Country .................................................................. 17


vi

LIST OF ACRONYMS AND ABBREVIATIONS

AQS Air Quality System BIA Bureau of Indian Affairs CAA Clean Air Act CASAC Clean Air Scientific Advisory Committee CFR Code of Federal Regulations CO Carbon Monoxide DHEC Department of Environmental Health and Control EPA United States Environmental Protection Agency FIP Federal Implementation Plan FR Federal Register HYSPLIT HYbrid Single-Particle Lagrangian Integrated Trajectory ISA Integrated Science Assessment NAAQS National Ambient Air Quality Standards NEI National Emission Inventory NO2 Nitrogen Dioxide NOx Oxides of Nitrogen NOAA National Oceanic and Atmospheric Administration NSR New Source Review O3 Ozone OAR Office of Air and Radiation OAQPS Office of Air Quality Planning and Standards PA Policy Assessment Pb Lead PM Particulate Matter PPM Parts Per Million PSD Prevention of Significant Deterioration RACM Reasonably Available Control Measures RACT Reasonably Available Control Technology REA Risk/Exposure Assessment RFP Reasonable Further Progress SIP State Implementation Plan SO2 Sulfur Dioxide TAMS Tribal Air Monitoring Support Center TAR Tribal Authority Rule TAS Treatment in the Same Manner as a State TIP Tribal Implementation Plan VMT Vehicle Miles Traveled VOC Volatile Organic Compound


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I. INTRODUCTION

A. WHAT IS THE PURPOSE OF THIS DOCUMENT? This manual is intended to serve as a tool to support your understanding of, and participation in, the recommendation process for designating areas for the National Ambient Air Quality Standards (NAAQS)1 for your area of Indian country.2 We, the United States Environmental Protection Agency (EPA), are providing general air quality background information, and template materials to assist in your decision making and development of a designation recommendation. This document does not develop new policy, but more clearly explains “existing policy.” In December 2011, we released two key guidance documents related to the process for designating areas of Indian country. The first document, Guidance to Regions for Working with Tribes during the National Ambient Air Quality Standards (NAAQS) Designations Process3 provides guidance to the EPA regional offices for working with federally recognized Indian tribes regarding the designations process for Indian country. The second document, Policy for Establishing Separate Air Quality Designations for Areas of Indian Country4 sets forth the EPA’s policy regarding designating particular areas of Indian country separately from surrounding or adjacent areas when a tribe requests a separate designation. Please see these documents for a greater understanding of the designation recommendation process as it relates to Indian country. Section I of this document provides basic information on the Clean Air Act (CAA) air quality programs. Section II introduces the concept of designations and the designations process. Section III lists the three different designation categories and the requirements of each. Section IV discusses how you can participate in the designations process. Section V covers how to develop a designation recommendation for your area. Section VI lists and explains the five factors you need to consider when developing a tribal designation recommendation. Section VII discusses when and where to send your designation recommendation and describes the EPA review process. The Appendices

1 Pursuant to §107(d)(1) of the Clean Air Act and 40 C.F.R. areas are designated as nonattainment, attainment or

unclassifiable.

2 Indian country, as defined at 18 U.S.C. §1151, means (a) all land within the limits of any Indian reservation under

jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way

running through the reservation, (b) all dependent Indian communities within the borders of the United States whether

within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all

Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

3 https://epa.gov/sites/production/files/2017-02/documents/12-20-

11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf.

4 https://www.epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf.


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contain valuable information and examples to help guide you through the designations recommendation process. Throughout this document “you” means a federally recognized Indian tribe; “we”, “our”, and “us” means the EPA. This document is intended solely as an information resource. The statutory provisions and the EPA regulations described in this document contain legally binding requirements. This document itself is not a regulation, nor does it change or substitute for any statutory provisions and regulations. It does not impose legally binding requirements on the EPA, tribes or the regulated community. This document also does not confer legal rights or impose legal obligations upon any member of the public. While the EPA has made every effort to ensure the accuracy of the discussion in this document, the obligations of tribes and the regulated community are determined by statutes, regulations, and other legally binding requirements. In the event of a conflict between the discussion in this document and any statute or regulations, the statutory and/or regulatory provisions are the guiding authorities. The general description provided here may not apply to a particular situation based upon the circumstances. Interested parties are free to raise questions and objections about the substance of this guidance and the appropriateness of the application of this document to a particular situation. The EPA and other decision makers retain the discretion to adopt approaches on a case-by-case basis that differ from those described in this document where appropriate.

B. HOW DOES THIS DOCUMENT APPLY TO ME? This document provides guidance to federally recognized tribes interested in making a NAAQS designation recommendation to the EPA for their area of Indian country. It contains guidelines for understanding, planning, preparing, and submitting your designation recommendation. If you are uncertain about whether to prepare a designation recommendation, you can use this document to help you reach a decision. Although tribes, unlike states, are generally not required to participate in the designations process, the EPA believes it is important to work with all federally recognized tribes to provide the opportunity to participate. If a tribe chooses not to participate in the designations process, the EPA will, in consultation (if requested) with the tribe, make a designation decision for the relevant area of Indian country.

C. WHAT IS THE CLEAN AIR ACT?


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The Clean Air Act (CAA or the Act)5 is a federal law covering the entire country. State, local, federal, and eligible tribal governments do much of the work to meet the Act’s requirements. For example, representatives from these governmental bodies work with companies to reduce air pollution. They also review and approve (or disapprove, as appropriate) permit applications for construction (new or modification to existing) and operation of industrial sources that could emit certain pollutants.

History In October 1948, a thick cloud of air pollution formed above the industrial town of Donora, Pennsylvania. The cloud, which lingered for five days, killed 20 people and caused sickness in 6,000 of the town’s 14,000 people. In 1952, over 3,000 people died in what became known as London’s “Killer Fog.” The smog was so thick that buses could not run without guides walking ahead of them carrying lanterns. Events like these alerted us to the dangers that air pollution poses to public health. Several federal and state laws were passed, including the original CAA of 1963, which established funding for the study and the cleanup of air pollution. But, there was no comprehensive federal response to address air pollution until Congress passed a much stronger CAA in 1970. That same year, Congress created the EPA and gave it a primary role in implementing the law. Since 1970, we have been responsible for developing and implementing a variety of Clean Air Act programs to reduce air pollution nationwide. However, it makes sense for state and local governments to take the lead in carrying out the CAA. They are able to develop solutions for pollution problems that require special understanding of local industries, geography, housing, and travel patterns, as well as other factors. State, local, and tribal governments also monitor air quality, inspect facilities under their jurisdictions and enforce CAA regulations. In 1990, Congress dramatically revised and expanded the CAA providing us with even broader authority to implement and enforce regulations reducing air pollutant emissions. The 1990 Amendments also placed an increased emphasis on more comprehensive approaches to reduce air pollution.6

Role of the EPA Our mission is to protect human health and the environment. We are responsible for setting limits on levels of certain air pollutants to help ensure basic health and environmental protection from pollution, known as the National Air Quality Standards (NAAQS). We also limit emissions of air pollutants coming

5 https://www.epa.gov/clean-air-act-overview.

6 https://www.epa.gov/clean-air-act-overview/clean-air-act-highlights-1990-amendments.


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from stationary (major or minor) and mobile sources. We must approve (or disapprove, as appropriate) state, tribal, and local agency plans for reducing air pollution. We can provide research, expert studies, technical support, and funding to you, the states, tribal, or local agencies to support the development of air quality plans.

Role of the Tribes The 1990 revision of the CAA included the first provision of the statute comprehensively addressing the roles of Indian tribes in implementing CAA air pollution control programs in their areas of Indian country. Under the Tribal Authority Rule (TAR),7,8,9 which the EPA promulgated pursuant to the CAA tribal provision, you may seek eligibility to develop CAA air quality management programs, write rules to reduce air pollution, and implement, and enforce your rules as approved under the CAA in Indian country. Unlike state and local agencies that are required to implement many CAA requirements, you may choose to develop and implement those programs, or even portions of programs, that are most relevant to your tribe’s air quality needs. The EPA deemed limited sections of the CAA as inappropriate for tribes, generally including implementation deadlines and associated sanctions as well as requirements for criminal enforcement authority as a prerequisite to CAA program approval.

Key Elements We implement a variety of programs under the CAA that focus on: ▪ Reducing outdoor, or ambient, concentrations of air pollutants that cause

smog, haze, acid rain, and other problems; ▪ Reducing emissions of toxic air pollutants that are known to, or are

suspected of, causing cancer or other serious health effects; and ▪ Phasing out the production and use of chemicals that destroy stratospheric

ozone (O3). These pollutants come from stationary sources (like chemical plants, gas stations, and power plants) and mobile sources (like cars, trucks, and planes) and area, i.e., small, sources (like dry cleaning facilities and auto body refinishing

7 https://www.gpo.gov/fdsys/pkg/USCODE-2013-title42/pdf/USCODE-2013-title42-chap85-subchapIII-sec7601.pdf.

8 https://www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.

9 https://www.epa.gov/tribal-air/tribal-authority-rule-tar-under-clean-air-act.


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shops).

D. WHAT ARE THE NATIONAL AMBIENT AIR QUALITY STANDARDS AND WHICH POLLUTANTS DO THEY ADDRESS? The CAA requires us to set the NAAQS10 levels for air pollutants that:

1. Can endanger public health or welfare, and

2. Come from numerous and diverse sources. To date, we have set NAAQS for six common air pollutants, also known as "criteria pollutants." They are particle pollution (often referred to as particulate matter or PM), ground-level ozone (O3), carbon monoxide (CO), sulfur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb).11 These pollutants can harm your health and the environment. Of the six pollutants, PM and ground-level O3 are the most widespread health threats. We call these pollutants "criteria" air pollutants because we regulate them by developing human health-based and/or environmentally-based criteria (science-based guidelines) for setting permissible levels of pollution.12 The standards based on protecting human health are called primary standards. The standards intended to prevent environmental and property damage are called secondary standards. Every five years, the EPA is required to review the science upon which the standards for that particular pollutant are based and, as necessary, revise them to protect human health and the environment with an adequate margin of safety.

E. HOW DOES THE EPA SET THE NAAQS On a periodic basis specified by the CAA, the EPA reviews the NAAQS which are set for each of the six “criteria” pollutants (PM, O3, CO, SO2, NO2, and Pb).13 In doing so, the EPA staff undertakes an extensive review of the currently available science regarding the public health and environmental effects associated with the presence of the criteria pollutant in the air. For each review, the EPA staff produces a series of documents, which include an integrated science assessment (ISA), a risk and exposure assessment (REA) when warranted, and a policy assessment (PA). Each of these documents is extensively reviewed by a congressionally mandated group of independent scientific and

10 https://www.epa.gov/naaqs

11 See Appendix A of this document for information on each of the criteria pollutants.

12 National Ambient Air Quality Standards (NAAQS) for six principal pollutants, which are called “criteria” pollutants.

https://www.epa.gov/criteria-air-pollutants.

13https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards


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technical experts known as the Clean Air Scientific Advisory Committee (CASAC).14 This committee provides independent advice to the EPA Administrator on the adequacy of the documents to serve as a basis to inform the Administrator’s judgments regarding the adequacy of the current standards and any potential revisions that might be necessary. At the same time, the EPA makes the draft documents available for review and comment from the public, which may include representatives from the scientific community, industry, and public interest groups, as well as interested individuals. Before the EPA Administrator makes a final decision on a standard’s review, the proposed decision, based on the currently available scientific evidence and exposure/risk information and on considerations presented in the policy assessment, is published in the Federal Register (FR)15 for public review and comment. Taking into consideration the comments received, the Administrator then makes the final decision to either retain or revise the existing standards. Consistent with requirements of the CAA, the NAAQS are set to protect the public health with an adequate margin of safety and the public welfare from any known or anticipated adverse environmental effects. Congress decided, and the Supreme Court upheld, that the EPA may not consider costs when setting or revising air quality standards.

F. WHAT IS THE TRIBAL AUTHORITY RULE? On February 12, 1998, we issued the TAR.16 This rule implements section 301(d) of the CAA. The TAR identifies those provisions of the CAA for which it is appropriate to treat eligible federally recognized tribes in the same manner as a state (TAS).17,18 The TAR outlines the eligibility criteria you must meet to obtain TAS status and specifies the process by which we will act on tribal TAS applications. You can obtain TAS for many elements of the CAA including, but not limited to, a reduced match for programmatic grants under section 105 of the CAA, monitoring, and developing and implementing a Tribal Implementation Plan (TIP).19 You can apply for TAS in stages as your program grows. This will allow you to obtain TAS for only those parts of the CAA you need, but you can also bundle your TAS applications for multiple elements of the CAA you intend to develop in the future. The TAR also provides a modular approach for the tribes so that you can take on specific elements of CAA programs separately as long as those elements are “reasonably severable.” Please note

14 https://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/CASAC.

15 https://www.federalregister.gov/.

16https://www.epa.gov/tribal-air/tribal-authority-rule-tar-under-clean-air-act.

17 https://www.epa.gov/tribal/tribal-assumption-federal-laws-treatment-state-tas.

18 https://www.gpo.gov/fdsys/pkg/USCODE-2013-title42/pdf/USCODE-2013-title42-chap85-subchapIII-sec7601.pdf.

19 https://www.epa.gov/tribal-air/clean-air-act-summary-content-applicability-tas-titles-i-iii-and-v


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that even absent TAS, you may participate fully in the designations process and provide us with air quality information for your areas of Indian country. Please see Section IV.D below for more information on this topic.

G. SUMMARY POINTS AND FURTHER INFORMATION

• This manual is a resource for tribal environmental professionals and is intended to promote an understanding of the designations process for Indian country.

• This document will help you decide whether to prepare a designation recommendation.

• The CAA is a federal law that covers the entire United States.

• The NAAQS limit the amount (concentration) of criteria pollutants in the air.

• The air pollutants of concern that are related to designation recommendations are carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone (O3), particulate matter (PM), and sulfur dioxide (SO2).

• The TAR establishes criteria and a process for tribes to become eligible to manage air quality under the CAA for your areas of Indian country.

• Tribes are encouraged, but not required, to submit designation recommendations.

For further information on these topics see:

• The plain language guide to the CAA: https://www.epa.gov/clean-air-act-overview/plain-english-guide-clean-air-act.

• EPA's most recent evaluation of air pollution trends for the six criteria pollutants: https://www.epa.gov/air-trends.

• The NAAQS and criteria air pollutants: https://www.epa.gov/naaqs.

• The Tribal Authority Rule and general tribal air quality management information: https://www.epa.gov/tribal-air/tribal-authority-rule-tar-under-clean-air-act.

II. UNDERSTANDING DESIGNATIONS FOR THE NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)

A. WHAT DOES DESIGNATION MEAN?

https://www.epa.gov/clean-air-act-overview/plain-english-guide-clean-air-act

https://www.epa.gov/air-trends

https://www.epa.gov/naaqs

https://www.epa.gov/tribal-air/tribal-authority-rule-tar-under-clean-air-act


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Designation is a term that describes the air quality status in a particular area with respect to a NAAQS for any of the six common “criteria” air pollutants: CO, Pb, NO2, O3, PM, and SO2. After working with the states and tribes, and considering the information from air quality monitors and all other relevant information, we formally designate areas as to whether they are meeting or not meeting a new or revised standard.20

The CAA identifies three designation categories: 1. Nonattainment – not meeting the standard or contributing to air quality in a

nearby area that is not meeting the standard; 2. Attainment – meeting the standard and not contributing to air quality in a

nearby area that is not meeting the standard; and 3. Unclassifiable21 – insufficient data to determine whether the area is meeting or

not meeting the standard.

Each designation is for a specific air quality standard for a criteria pollutant. An area can be in attainment for one standard and nonattainment or unclassifiable for another. The three designation categories and their requirements are described in more detail in Section III below.

B. WHY ARE DESIGNATIONS MADE? CAA section 107(d)22 establishes, among other things, the requirement for us to designate all areas following promulgation of a new or revised NAAQS. Designating an area as nonattainment, attainment or unclassifiable is an indication of the area’s air quality. Establishing area designations is the first step in determining whether further action is needed in an area to attain (comply with) the NAAQS and provide the health and/or environmental protection intended by the CAA. Generally, within three years after the effective date of the designation, a state area designated as nonattainment is required to develop and submit to the EPA for approval, a State Implementation Plan (SIP)23 to demonstrate how the area will improve air quality to meet the NAAQS. For areas of Indian country that are designated as nonattainment, tribes may develop Tribal Implementation Plans (TIPs), but are not

20 https://www.epa.gov/criteria-air-pollutants/naaqs-designations-process

21 Historically, for initial designations after the EPA established a new or revised NAAQS, the EPA has used a designation

category of unclassifiable/attainment for areas that are monitoring attainment or that do not have monitors and that are

not contributing to a nearby violation. We expect to continue to use the unclassifiable/attainment category for future

designations.

22 https://www3.epa.gov/airquality/greenbook/caa-t1p.html.

23 https://www.epa.gov/criteria-air-pollutants/naaqs-implementation-process.


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required to do so.24 Should these tribes choose not to develop TIPs, the EPA will develop the implementation plan, where necessary or appropriate, which is known as a Federal Implementation Plan or FIP.

C. WHEN ARE DESIGNATIONS MADE? We must finalize area designations no later than two years from the date a new or revised NAAQS is promulgated unless the EPA Administrator has insufficient information to promulgate designations by that time. In this case, the Administrator may extend this period for up to one year beyond the original deadline.

D. WHAT IS A DESIGNATION RECOMMENDATION AND HOW DO I DETERMINE WHAT TO RECOMMEND? A designation recommendation is a formal submittal to an EPA regional office from an authorized state or tribal official. Typically, on letterhead, the official specifically identifies the geographic areas and recommends for each area whether the designation category be nonattainment, attainment, or unclassifiable for the specified NAAQS. A designation recommendation is based on certified air quality data and other relevant information that you submit. It also may include other relevant information commonly called a multi-factor analysis (also known as the five-factor analysis). The analysis evaluates the following five factors: air quality data, emissions-related data, meteorology information, geography/topography information, and jurisdictional boundaries. Section VI below contains information on the five factors to consider when developing a designation recommendation. The following examples generally illustrate designations that could be appropriate for areas of Indian country:25

• Indian country with a regulatory air quality monitor showing a violation of the NAAQS would be designated as nonattainment.

• Indian country with a regulatory air quality monitor showing that the NAAQS is being met could be designated as attainment provided all criteria are met such as three consecutive calendar years of quality-assured, certified air quality from a certified regulatory monitor. However, it would be designated nonattainment if sources on Indian country are contributing to a violation of the NAAQS in a nearby area (outside of the Indian country boundary).

24 https://www.epa.gov/criteria-air-pollutants/naaqs-designations-process.

25 Note that for sulfur dioxide (SO2) designations only, air agencies have the flexibility to use modeling to characterize air

quality around a source or source region as a surrogate for ambient monitoring.


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• Indian country that is lacking a regulatory monitor and is located within an area that includes one or more counties or states (also known as a multi-jurisdictional area) with a violating regulatory monitor that is not representative of the Indian country could be recommended as unclassifiable. However, the Indian country could be designated as nonattainment when: 1) sources on Indian country are contributing to a violation of the NAAQS in the nearby state area, and/or 2) air quality modeling shows that the NAAQS is being violated in the Indian country area.26

E. ARE TRIBES REQUIRED TO SUBMIT DESIGNATION RECOMMENDATIONS? Tribes are not required, but are encouraged, to submit designation recommendations for their areas of Indian country. The CAA section 107(d) requires us to designate all areas of the country in a timely manner following promulgation of a new or revised NAAQS. Therefore, if a tribe does not submit a recommendation, the EPA, under our CAA authorities, will promulgate an appropriate designation for the relevant area of Indian country. Although under the TAR tribes are not required to meet the same schedules as states, the CAA requires the EPA to act in a timely manner. Therefore, in order for your recommendation to influence our final designation decision, your submittal should be in the same time frame as the states.27

F. WHAT IS THE EPA’S ROLE IN THE DESIGNATION OF INDIAN COUNTRY? We are primarily required to designate all areas of the country. In this process, our December 20, 2011 memorandum, Guidance to Regions for Working with Tribes during the NAAQS Designations Process, identifies how we will consult with and assist interested tribes with development of their designation recommendations.28 The EPA’s 1984 Indian Policy29 indicates that we will “give special consideration to tribal interests in making Agency policy and to ensure the close involvement of tribal governments in making decisions and managing environmental programs affecting

26 This only applies to the NAAQS for SO2 where both monitoring and modeling are used to establish violations.

27 See EPA Memorandum, Policy for Establishing Separate Air Quality Designations for Areas of Indian Country,

December 20, 2011 at https://www.epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf.

28 See EPA Memorandum, Guidance to Regions for Working with Tribes during the National Ambient Air Quality Standards

(NAAQS) Designations Process, December 20, 2011 at https://www.epa.gov/sites/production/files/2017-02/documents/12-

20-11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf.

29 See the EPA’s 1984 Indian Policy at https://www.epa.gov/tribal/epa-policy-administration-environmental-programs-

indian-reservations-1984-indian-policy.


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reservation land.” The following are some of the principles the EPA committed to in order to meet these objectives:

• We stand ready to work directly with Indian tribal governments on a one-to-one basis (the “government-to-government” relationship), rather than as a political subdivision of states or other governmental units.

• We recognize tribal governments as the primary parties for making environmental policy decisions and managing programs for reservations, consistent with federal environmental standards and regulations.

• Until tribal governments are willing and able to assume full responsibility for delegable programs, we will retain responsibility for managing programs on reservations (unless the state has an express grant of jurisdiction from Congress sufficient to support delegation to the state government).

Our role in the designations process for Indian country is further discussed in the Guidance to Regions for Working with Tribes during the NAAQS Designations Process. Table 1 below provides an excerpt from this memorandum that outlines the designations process.

TABLE 1. THE EPA'S ROLE IN THE PROCESS FOR DESIGNATIONS OF INDIAN COUNTRY

STEP ACTIVITY

1 Final NAAQS promulgated and published in the Federal Register.

2 Education and outreach conducted by the EPA headquarters and regional offices on the designations process.

3 Letters sent by the EPA regional offices to tribes requesting designations recommendation and offering consultation. Letters should inform tribes of the following:

• The promulgation of a new or revised NAAQS;

• An opportunity for “government-to-government” consultation with the EPA;

• The opportunity and process (including timeline) for submitting initial designation recommendations;

• The date by which the EPA requests that tribes notify the EPA if they wish to engage in consultation and/or participate in the designations process;

• The potential nonattainment designation for their Indian country (if applicable);

• The time frame in which the EPA intends to promulgate designations; and

• Specific contact information for questions and follow up on the letter.

4 Consultation conducted by the EPA regional offices.

5 Tribes provide designation recommendations.

6 EPA review recommendations and conducts own analysis (e.g., multi-factor analysis).

7 If the EPA intends to modify a tribe’s recommendation, the EPA regional offices offer tribal staff an opportunity for technical dialogue.

8 120-day letters (which provide an opportunity for consultation) sent by the EPA regional offices to the following tribes:


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• All tribes that submitted initial designation recommendations;

• All tribes with Indian country that the EPA intends to designate as nonattainment; and

• All tribes with TAS status for CAA section 107(d) purposes.

9 Tribes have the opportunity to submit further technical information, if they disagree with intended designation.

10 Consultation (if requested) conducted by the EPA regional offices and additional information evaluated.

11 Final designations determined.

12 Final designations signed by the EPA Administrator and published in the Federal Register.30

13 Education and outreach conducted by the EPA headquarters and regional offices on final designations.

G. HOW WILL THE EPA ENGAGE TRIBES IN DESIGNATION ACTIVITIES? We believe it is important to work with all federally recognized tribes to provide the opportunity to participate in the designations process for their areas of Indian country. We want to ensure early, transparent, and effective communication in proposing area designations. Therefore, we intend to solicit relevant air quality information and designation recommendations from, and offer consultation to, all tribes regardless of their TAS status. (See Appendix B for an example of a consultation letter you would receive from the EPA.) Even if you have not obtained TAS for the purposes of designations (CAA section 107(d)), we intend to solicit relevant air quality information and designation recommendations from you for your areas of Indian country. This approach is consistent with the federal government’s trust responsibility to federally recognized Indian tribes as well as various policies relating to tribes. We intend to conduct outreach and offer consultation to all tribes on a schedule that provides sufficient time for you to be involved in the designations process and to submit relevant air quality information and recommended designations. Although tribes are generally not required to participate in this process, it is important to us to provide the opportunity to participate to all federally recognized tribes. Table 1 above lists the key points of communication beginning with initial education and outreach following promulgation of a new or revised NAAQS.

H. WHAT IS THE TRIBAL ROLE IN THE DESIGNATIONS PROCESS? The tribe can choose whether or not to participate in the designations process. If you choose to participate, you decide what level of involvement is best for you based on

30 https://www.federalregister.gov/.


19

your interest, priorities, and available resources. For example, you may choose to submit air quality data or other information, if available, that supports your recommendation. This is discussed more in Section VI below. Note that we are required to designate all areas of the country, regardless of whether you submit a recommendation.

I. SUMMARY POINTS AND FURTHER INFORMATION

• Designation is a term that describes the air quality status in a particular area.

• The CAA section 107(d) requires the EPA to designate all areas of the country in a timely manner.

• Designations are generally made two years from the date a new or revised NAAQS is promulgated.

• A designation recommendation is a formal request/recommendation from an official authorized to make the request on behalf of the tribe.31 Initial designations recommendations should be submitted on the same schedule that applies to states. However, tribes, unlike states, are not required to submit designation recommendations.

• The EPA intends to solicit air quality information and designation recommendations from, and offer consultation to, all federally recognized tribes regardless of their TAS status.32

• The EPA intends to engage with interested tribes in the designation progress.

• Tribes can choose the degree to which they will participate in the designations process.

For further information on designation topics see:

• Ground-level ozone (O3) designations: https://www.epa.gov/ozone-designations.

31 Although the CAA section 107(d) does not explicitly reference Indian tribes or Indian country, tribes are able to

participate in the designations process. For instance, under section 301(d) and the Tribal Authority Rule (TAR) (63 FR 7254,

February 12, 1998), tribes may seek treatment in a similar manner as a state (TAS) for purposes of section 107(d)

designations. Even absent TAS for section 107(d) purposes, the EPA may solicit air quality information and designation

recommendations from tribes for their areas of Indian country.

32 The Executive Order (EO) 13175, the Agency’s 1984 Indian Policy, and the EPA Policy on Consultation and Coordination

with Indian Tribes (May 4, 2011) call for the EPA to consult with tribes on actions and decisions, such as designation of their

Indian country, that affect their interests.

https://www.epa.gov/ozone-designations


20

• Fine particle (PM) designations: https://www.epa.gov/particle-pollution-designations.

• Nitrogen dioxide (NO2) designations: https://www.epa.gov/nitrogen-dioxide-designations.

• Lead (Pb) designations: https://www.epa.gov/lead-designations.

• Sulfur dioxide (SO2) designations: https://www.epa.gov/sulfur-dioxide-designations.

• Carbon Monoxide (CO) designations: https://www.epa.gov/green-book/green-book-carbon-monoxide-1971-area-information.

III. DESIGNATION CATEGORIES

After we establish or revise a primary and/or secondary NAAQS, section 107 of the CAA requires us to designate areas as “nonattainment” (not meeting the standard or contributing to a nearby area that is violating the standard), “attainment” (meeting the standard and not contributing to a nearby area that is not meeting the standard), or “unclassifiable”33 (insufficient information to determine whether the area is meeting or not meeting the standard) after analyzing monitoring data and other information collected by state, local, and tribal governments. An area may be designated attainment for some criteria pollutants and nonattainment for others.

A state recommendation for designation of an area that surrounds Indian country does not dictate the designation for Indian country. However, the conditions that support the state's designation recommendation, such as air quality data and the location of sources, may suggest that similar conditions exist in Indian country.

A. NONATTAINMENT AREA DESIGNATION

1. Definition A nonattainment area is a geographic area in which the level of one of the criteria air pollutants is higher than the level allowed by the federal standards, or

33 Historically, for initial designations after the EPA establishes a new or revised NAAQS, the EPA has used a designation

category of unclassifiable/attainment for areas that are monitoring attainment or that do not have monitors and that are

not contributing to a nearby violation. We expect to continue to use the unclassifiable/attainment category for future

designations.

https://www.epa.gov/particle-pollution-designations

https://www.epa.gov/nitrogen-dioxide-designations

https://www.epa.gov/lead-designations

https://www.epa.gov/sulfur-dioxide-designations

https://www.epa.gov/green-book/green-book-carbon-monoxide-1971-area-information



21

sources within the area are contributing to a nearby area with a violating monitor. An area is generally designated nonattainment when:

• A regulatory monitor indicates the area is violating the NAAQS.

• Existing sources of the pollutant or pollutant precursors contribute to ambient air quality in a nearby area that does not meet the NAAQS for the pollutant.

2. Requirements In a nonattainment area, the goal is to implement a strategy that will bring the area into attainment with the relevant NAAQS by reducing emissions of the specific criteria pollutant or precursor emissions. A federal or tribal implementation plan may include, as necessary or appropriate:34 ▪ An emissions inventory to identify the sources of air pollution, their location,

and the types of pollutants emitted; ▪ Control measures, such as Reasonably Available Control Measures/

Reasonably Available Control Technology (RACM or RACT),35 which may include the adoption of appropriate emission limits;

▪ Evidence that the emission limits will reduce emissions enough to prevent

NAAQS violations in Indian country and in other areas (i.e., an attainment demonstration);

▪ A new source review preconstruction permit program to ensure that new

and modified sources of pollution do not impede progress toward cleaner air or cause a deterioration of current air quality;

▪ Major sources locating in Indian country that is designated nonattainment

for any pollutant are subject to the Tribal New Source Review (NSR) Rule,36 and

34 Although we encourage tribes to develop plans to address NAAQS-related requirements, where tribes do not develop

TIPs, the EPA is authorized to promulgate federal implementation plan (FIP) provisions as are necessary or appropriate to

protect air quality. (See 49 CFR § 49.11(a)).

35 Reasonable Available Control Measures (RACM) including Reasonable Available Control Technology (RACT): Control

measures (measures that reduce pollution) that are technologically feasible and economically cost effective to implement

for sources in a nonattainment area to reduce air pollution.

36 https://www.gpo.gov/fdsys/pkg/FR-2011-07-01/pdf/2011-14981.pdf.


22

▪ Contingency measures that can be implemented in the event that an area

does not attain the standard by the statutory attainment, or fails to meet Reasonable Further Progress (RFP)37 requirements.

3. Redesignation EPA can redesignate a nonattainment area to attainment if: ▪ The area has monitored attainment of the air quality standard, ▪ The area has a fully approved implementation plan, ▪ The EPA has determined that the improvement in air quality is due to

permanent and enforceable reductions in emissions, ▪ The EPA approves a maintenance plan for the area, and ▪ The area has met all other applicable CAA requirements.

The EPA may approve or deny the redesignation request based on air monitoring information, the activities listed in the implementation plan, and the comments submitted by the public. Nonattainment areas that later are designated to attainment is considered maintenance areas. The steps to maintain air quality are defined in a maintenance plan. Generally, the control measures used to improve air quality to a level at or below the NAAQS will remain in place after redesignation occurs.

The maintenance plan must demonstrate continued compliance, considering projected growth, for a period of ten years. If outdoor air monitors record a violation of the standard, the maintenance plan includes a commitment to determine appropriate measures to address the cause of the violation. Pursuant to section 107 of the CAA, the EPA can also redesignate an attainment or unclassifiable area to nonattainment.

B. ATTAINMENT AREA DESIGNATION

1. Definition An attainment area is a geographic area in which the ambient air level (concentration) of the specific criteria air pollutant meets the NAAQS for that

37 Reasonable Further Progress (RFP): Annual incremental pollution reduction in a nonattainment area to help assure the

attainment of the NAAQS by its statutory attainment date.


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pollutant and the area does not contribute to ambient air quality in a nearby area that does not meet the NAAQS for the pollutant.

2. Requirements In an attainment area, the goal is to maintain air quality that meets or is cleaner than the NAAQS. A tribal or federal program in an area of Indian country may include, as necessary or appropriate: ▪ A program to limit the impacts of emissions from new and modified major

stationary sources, and ▪ Provisions to prevent significant contribution by sources located in Indian

country to NAAQS violations in other jurisdictions. Major sources locating in Indian country that is designated attainment for any pollutant are subject to the federal program for the Prevention of Significant Deterioration (PSD).38 PSD requirements apply to all areas on the effective date of the NAAQS.

C. UNCLASSIFIABLE AREA DESIGNATION

1. Definition An unclassifiable area is a geographic area that cannot be classified, on the basis of available information, as meeting or not meeting an air quality standard for a particular criteria pollutant.

2. Requirements In an unclassifiable area, the goal is to collect sufficient air quality information to determine whether the area is meeting or not meeting the NAAQS. A tribal or federal program in an area of Indian country may include, as necessary or appropriate: ▪ A program to limit the impacts of emissions from new and modified major

stationary sources, and ▪ Provisions to prevent significant contribution by sources located in Indian

country to NAAQS violations in other jurisdictions.

38 https://www.epa.gov/nsr/prevention-significant-deterioration-basic-information.


24

Major sources locating in Indian country that is designated unclassifiable for any pollutant would be subject to the federal PSD program. PSD requirements apply to all areas on the date that the designation becomes effective.

D. KEY POINTS AND FURTHER INFORMATION

• Attainment means an area meets the national standard for a particular criteria pollutant and the area is not contributing to ambient air quality in a nearby area that does not meet the NAAQS for the pollutant.

• The area must maintain good air quality.

• Unclassifiable means there is not sufficient available information for an area to determine whether the area is meeting or not meeting the standard.

• Nonattainment means an area does not meet the national standard for a particular criteria pollutant and includes areas that are contributing to ambient air quality in a nearby area that does not meet the NAAQS for that pollutant. The area must improve its air quality to meet the standard.

• Nonattainment areas can be redesignated to attainment once they meet the NAAQS and satisfy certain conditions spelled out in CAA section 107, including having an approved maintenance plan.

For further information on designation topics see:

• Ground-level ozone (O3) designations: https://www.epa.gov/ozone-designations.

• Fine particle (PM) designations: https://www.epa.gov/particle-pollution-designations.

• Nitrogen dioxide (NO2) designations: https://www.epa.gov/nitrogen-dioxide-designations.

• Lead (Pb) designations: https://www.epa.gov/lead-designations.

• Sulfur dioxide (SO2) designations: https://www.epa.gov/sulfur-dioxide-designations.

• Carbon Monoxide (CO) designations: https://www.epa.gov/green-book/green-book-carbon-monoxide-1971-area-information.

https://www.epa.gov/ozone-designations

https://www.epa.gov/particle-pollution-designations

https://www.epa.gov/nitrogen-dioxide-designations

https://www.epa.gov/lead-designations

https://www.epa.gov/sulfur-dioxide-designations




25

• Guidance to Regions for Working with Tribes during the National Ambient Air Quality Standards (NAAQS) Designation Process, December 2011: https://www.epa.gov/sites/production/files/2017-02/documents/12-20-11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf.

• Policy for Establishing Separate Air Quality Designations for Areas of Indian Country, December 2011: https://www.epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf.

IV. TRIBAL PARTICIPATION IN THE DESIGNATIONS PROCESS

A. HOW CAN I PARTICIPATE IN THE DESIGNATIONS PROCESS? To inform your decisions regarding whether to participate in the designations process, we intend to provide outreach and offer consultation to all federally recognized tribes following the promulgation of a new or revised NAAQS. While not required, your participation in the designations process is encouraged and supported by the EPA. As noted above, you decide how involved you want to be in the designations process based on your interest, priorities, and available resources. You may choose not to be involved, you may choose to submit a designation recommendation and multi-factor analysis to the EPA for review and consideration, or you may choose any level of participation in between. Regardless of your level of participation, the EPA will promulgate a designation for the area. For reference, a list of tribal air program staff at EPA headquarters and regional offices is provided in Appendix C to this document. Examples of past tribal participation:

• Tribe does nothing.

• Tribe only participates in the consultation process.

• Tribe submits a recommendation letter to EPA without a multi-factor analysis.39

• Tribe submits a designation recommendation with a detailed multi-factor analysis.

• Tribe submits a designation recommendation for a separately designated area of Indian country (separate from surrounding or adjacent areas) with the accompanying documentation of the Indian country boundary and the multi-factor analysis.

39 As discussed elsewhere in this document, tribes are not required to submit a multi-factor analysis; however, your

designation recommendation will be better supported if it is accompanied by a multi-factor analysis of the available data.

https://www.epa.gov/sites/production/files/2017-02/documents/12-20-11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf


https://www.epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf



26

B. WHAT IS THE PROCESS FOR ESTABLISHING A SEPARATE DESIGNATION FOR INDIAN COUNTRY? In the past, the EPA generally designated Indian country as part of the surrounding area, usually based on county boundaries. Prior to 2011, the EPA did not have a policy in place for considering a tribal request for designation separate from the larger area. Since then, several tribes have established well-developed air programs and have engaged in the designations process. Some of these tribes submitted designation recommendations to the EPA and had their Indian country boundaries designated separately from the surrounding or adjacent, non-Indian country area. The EPA’s Policy for Establishing Separate Air Quality Designations for Areas of Indian Country, released in December 2011, now informs our decisions on these recommendations or requests on a case-by-case basis, after consultation (if requested) with the tribe and considering all other relevant information. This document provides the EPA’s policy regarding designating areas of Indian country separately from surrounding or adjacent areas for the NAAQS. Consistent with this policy, if we receive an initial designation recommendation or a boundary change request for a previously designated multi-jurisdictional area from a tribe seeking to have its Indian country designated as a separate area, we will make decisions regarding these recommendations or requests on a case-by-case basis, after consultation (if requested) with the tribe, and considering the weight of evidence from the multi-factor analyses and other relevant information. Listed below are examples of scenarios covered by the 2011 policy:

• The tribe recommends/requests a separate attainment area from an adjacent attainment area;

• The tribe recommends/requests a separate attainment area from the adjacent nonattainment area;

• The tribe recommends/requests a separate nonattainment area or different nonattainment classification from the adjacent nonattainment area;40 or

• The tribe recommends/requests a separate nonattainment area from the adjacent attainment area.

It is important for you to make certain submittals associated with an initial designation recommendation or boundary change request. These submittals include:

40 For certain NAAQS (e.g., ozone), the EPA “classifies” an area based on the severity of their air quality problem.


27

• A formal request/recommendation from an official authorized to make the request on behalf of the tribe.

• Documentation of the tribal boundary of the area of Indian country to which the request for separate designation pertains, and concurrence with the EPA’s intent to include that area in the designation tables in 40 CFR Part 8141 should we separately designate the area.

• A multi-factor analysis (see Section VI for more information on the factors for analysis) to support the recommendation/request.

C. WHAT ARE THE PROS AND CONS OF SUBMITTING A DESIGNATION RECOMMENDATION? Tribes are not required to submit designation recommendations; however, you may have an interest in doing so. Participating in the designations process will give you an opportunity to build your knowledge base of the EPA’s NAAQS programs and the designations process. You will also gain knowledge of what is expected should you decide to submit a designation recommendation in the future. In addition, participation in the designations process can help to build your air program’s capacity to take on more responsibility. It may also raise the EPA’s awareness that your tribe is interested in participating in air quality management; however, you are not required to participate in any of these activities. Some tribes see participation in the designations process as an assertion of tribal sovereignty. In making a designation recommendation, you should consider the possible implications which may be raised in establishing the boundary of your area of Indian country if you are requesting a separate designation. This is particularly important if you have disputed boundaries or other jurisdictional issues. If you are requesting a separate nonattainment designation based on your boundaries, you should consider possible needs for an implementation plan or other programmatic and workload issues in order to later redesignate your area from nonattainment to attainment. Another area for consideration is how general and transportation conformity would apply in a separately designated tribal nonattainment area. Activities in areas that are designated nonattainment that are conducted or supported by federal agencies must “conform” to the purpose of an applicable implementation plan, as required by section 176(c) of the CAA. The EPA’s general conformity rules apply to federal activities within nonattainment areas and areas that have moved from nonattainment to maintaining the standards (i.e., areas that are redesignated as attainment). If general conformity obligations are determined to apply to emissions from a federal agency action, the general conformity

41 The table at 40 CFR Part 81 lists the designation of areas for air quality planning purposes. http://www.ecfr.gov/cgi-

bin/text-idx?SID=7c7922b602fdfca80a1aa627ceb73cc2&mc=true&node=pt40.20.81&rgn=div5.


28

rules provide federal agencies with the following options for demonstrating conformity in nonattainment or maintenance areas: (1) obtaining emission offsets (generated in the area or certain nearby areas) for the total emissions from the new project, (2) showing that the project’s emissions are already included in, or accommodated by, the applicable SIP for the area (or in the absence of an applicable SIP, showing that the project’s emissions will not increase the baseline emissions used in the most current emissions inventory), or (3) obtaining a written commitment from the Governor for the area or the Governor’s designee for SIP actions, to include the project’s emissions in a forthcoming revision of the applicable implementation plan. You should work closely with your EPA regional office to anticipate possible implications associated with designating your area separately. When deciding whether or not to submit a designation recommendation, you should also consider the resources and knowledge required to develop and submit to the EPA the multi-factor analysis (see Section VI below). The attached, Appendix D – Decision Matrix, may also help you to decide whether or not to submit a designation recommendation. You are not required to request a separate designation; but if you make a separate designation recommendation, you should consider the possible legal implications which may be raised in establishing the actual boundary of your area of Indian country if you are requesting a separate boundary. This is particularly important if you have disputed boundaries or other jurisdictional issues. If you are requesting a separate nonattainment designation based on your boundaries, there may be workload issues for your tribe in developing a TIP or other documents and requirements mandated under the CAA in order to later redesignate your area from nonattainment to attainment. You should work closely with your EPA regional office to anticipate possible implications associated with designating your area separately.

D. HOW ARE DESIGNATION RECOMMENDATIONS RELATED TO THE TRIBAL AUTHORITY RULE, TREATMENT IN A MANNER SIMILAR TO A STATE, AND TRIBAL IMPLEMENTATION PLANS? For the purposes of making a designation recommendation, you do not need to obtain TAS status pursuant to the TAR. The EPA intends to solicit relevant air quality information and designation recommendations from, and offer consultation to, all federally recognized tribes irrespective of their TAS status for designation purposes. However, tribes may apply to be treated in the same manner as a state for CAA section 107(d) if you choose.

E. KEY POINTS AND FURTHER INFORMATION

• Your participation in the designations process is encouraged, but not required.


29

• You may want to discuss the pros and cons of participating in the designation recommendation process with your EPA regional office.

• You may make designation recommendations that seek to have your area of Indian country designated separately from the surrounding or adjacent multi-jurisdictional area. You may want to discuss the pros and cons of a separate designation with your EPA regional office.

For further information on designations process topics see:



V. DEVELOPING A DESIGNATION RECOMMENDATION FOR AREAS OF INDIAN COUNTRY

A. HOW DO I DEVELOP A DESIGNATION RECOMMENDATION? The following steps will help you develop a designation recommendation:

1. Decide whether or not to submit a designation recommendation. You will receive a

letter from us offering the opportunity to submit a designation recommendation for a particular NAAQS and offering consultation. Consider your priorities and resources and talk with your EPA regional office. Participation with your EPA regional office and consultation where appropriate will help inform your decision. If you choose not to submit a designation recommendation, the EPA will promulgate a designation for your area of Indian country after consultation, if requested, and consideration of all relevant information. (Note, we intend to offer an opportunity for consultation to all tribes.)

2. Consult with your EPA regional office. If you decide to submit a designation

recommendation, consultation (if requested) with your EPA regional office will help you understand the technical requirements for developing and submitting your designation recommendation.

3. Perform the multi-factor analysis. See Section VI below for the five factors to

consider when making a designation recommendation, if appropriate.






30

4. Make an informed decision. Based on the most current data, and where possible a multi-factor analysis, and other relevant supporting information decide which designation to recommend. Ensure that tribal leadership understands the process and the potential implications of your recommendation, including the possible legal implications which may be raised by establishing the actual boundary of your area of Indian country (particularly, if you are requesting a separate designation of your Indian country).

5. Submit your formal designation recommendation and multi-factor analysis. This

information should be submitted to your EPA Regional Office Administrator from an authorized tribal official. (See Appendix E for a list of EPA Regional Office Administrators.)

6. Follow-up with your EPA regional office. The opportunity to submit further

information happens after the EPA sends your tribe a notification letter with our intended designation. The EPA will send the letter no later than 120-days before making the final designation decision (commonly known as a 120-day letter). If more data becomes available to support your designation recommendation, contact your EPA regional office.

B. CAN I PARTICIPATE IN THE DESIGNATIONS PROCESS FOR SOME CRITERIA POLLUTANTS AND NOT OTHERS? Yes, each time the EPA promulgates a new or revised NAAQS for a specific criteria pollutant, you can choose whether to participate in the designations process for that NAAQS. Your decision about which criteria pollutants to submit a recommendation for should be based on your air quality issues, priorities, and resources. For example, you could opt to participate for one pollutant but not for others, depending on which criteria pollutants are of concern to your tribe. The designations process for a particular criteria pollutant will generally not occur more than once every five years, in coordination with our CAA-required five-year review of the NAAQS for each criteria pollutant. When a NAAQS is revised or a new NAAQS is promulgated, the EPA will inform you and offer you an opportunity to participate in the designations process. (Note that the NAAQS reviews for the different criteria pollutants are on different five-year schedules.)

C. WHAT ARE THE FIVE FACTORS THAT I NEED TO ANALYZE? There are five factors which typically need to be included as part of your multi-factor analysis:

• Air quality data,

• Emissions-related data,


31

• Meteorology,

• Geography/topography, and

• Jurisdictional boundaries.

See Section VI below for detailed information on each of the five factors.

D. WHAT IF I DO NOT SUBMIT A MULTI-FACTOR ANALYSIS? As discussed elsewhere in this document, tribes are not required to submit a designation recommendation or multi-factor analysis. We understand that you may not have the resources to conduct the level of investigation generally required in a multi-factor analysis; however, your recommendation will be better supported if it is accompanied by a multi-factor analysis of the available data. In addition, if you submit a multi-factor analysis, your EPA regional office will review it and, if we plan to make any modification to the recommendation, we will provide you with an opportunity for technical dialogue and further consultation (if requested).

When submitting a request/recommendation for a separately designated area of Indian country, consistent with EPA’s 2011 policy for separately designated areas of Indian country, a multi-factor analysis should be submitted as part of your request/ recommendation. The multi-factor analysis supports determining whether an area of Indian country located within or next to a larger multi-jurisdictional area should be excluded from that area and potentially designated separately, or whether it should be designated consistent with the rest of the area.

E. DO I NEED TO ANALYZE ALL FIVE FACTORS? There may be instances when not all of the above listed five factors are relevant to a specific designation request and therefore would not need to be included in your multi-factor analysis. For example, if a tribe were to request the designation of a separate attainment area from an adjacent attainment area, it is possible that only the air quality data factor and/or jurisdictional boundaries factor would be applicable to the given situation. The EPA regional offices are available to assist you with developing your multi-factor analyses and determining which factors are most relevant to your specific situation.

F. WHAT EVALUATION TOOLS AND DATA ARE AVAILABLE FOR MY USE? The EPA has many useful websites and tools available to help you prepare a designation recommendation. In addition, other agencies have information and resources available.


32

See Section VI and the Appendices below for links to many resources.42, 43, 44

G. WHAT OTHER INFORMATION SHOULD I INCLUDE IN THE DESIGNATION RECOMMENDATION? In addition to an analysis of the five factors, you can submit to the EPA any other information you believe is relevant to your designation recommendation. For example, you may have information and data related to air pollution transported from sources upwind of your area. See Section VI below for more information on this topic.

H. KEY POINTS AND FURTHER INFORMATION

• You can decide whether or not to develop a designation recommendation for your area of Indian country.

• If you decide not to develop a designation recommendation, the EPA will promulgate an appropriate designation for your Indian country after consultation with you (if requested).

• Designation recommendations are developed for each individual NAAQS set for a specific criteria air pollutant.

• There are five factors you typically need to consider when developing the multi-factor analysis that accompanies your recommendation.

For further information on developing a designation recommendation see:



• Ground-level Ozone Designations Guidance and Data: https://www.epa.gov/ozone-designations/ozone-designations-guidance-and-data.

42 See Appendix F of this document for Air Quality Education and Training Resources.

43 See Appendix G of this document for Air Quality Monitoring Information and Data Sources.

44 See Appendix H of this document for Air Pollution Emissions Information and Data Sources.





https://www.epa.gov/ozone-designations/ozone-designations-guidance-and-data


33

• Particle Pollution Designations Guidance and Data: https://www.epa.gov/particle-pollution-designations/particle-pollution-designations-guidance-and-data.

• Lead Designations Guidance: https://www.epa.gov/lead-designations/lead-designations-guidance.

• Sulfur Dioxide Designations – Guidance and Technical Information: https://www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-guidance-and-technical-information.

VI. THE FACTORS TO CONSIDER WHEN DEVELOPING A DESIGNATION RECOMMENDATION

When a new or revised national ambient air quality standard (NAAQS) is promulgated, the EPA issues designations guidance that provides specific information about the NAAQS as well as information to assist states and tribes with submitting area designations recommendations for that NAAQS. The EPA will also send you a letter offering the opportunity for government-to-government consultation (commonly referred to as a “consultation letter”) notifying you of the designations process and conveying detailed designation information. This information will be specific to the particular pollutant and NAAQS that was promulgated and provide comprehensive information to help you develop your multi-factor analysis using the five factors. We may also have timely links to web-based information on air quality and emissions for the pollutant of interest. The submission of your designation recommendation of nonattainment, attainment, or unclassifiable may include your multi-factor analysis of one or more of the five factors listed below, as well as any other supporting information. An analysis of the factors also supports determining whether an area of Indian country located within or next to a larger area should be excluded from that area and potentially designated separately, or whether it should be designated consistent with the rest of the area. Although you may submit a recommendation letter only, your recommendation will be better supported if it is accompanied by a multi-factor analysis of the available data. In instances where not all of the factors listed below are applicable to your area of Indian country, it would be helpful if your recommendation addresses why they are not relevant. For example, if a tribe were to request the designation of a separate attainment area from an adjacent attainment area, it is possible that only the air quality data factor and/or jurisdiction boundaries factor would be relevant to that given situation. We intend to work with tribes with developing their multi-factor analyses to determine which factors are most relevant to the specific request for a separate area. Note that your tribe may submit a recommendation that does not request a separate designation. You should carefully weigh the statutory, regulatory, political, workload, and sovereignty concerns in making a decision on your recommendation.

https://www.epa.gov/particle-pollution-designations/particle-pollution-designations-guidance-and-data

https://www.epa.gov/particle-pollution-designations/particle-pollution-designations-guidance-and-data

https://www.epa.gov/lead-designations/lead-designations-guidance

https://www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-guidance-and-technical-information

https://www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-guidance-and-technical-information


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A. AIR QUALITY DATA

1. Definition The air quality data factor involves consideration of data from the national network of monitors operated to measure air quality. After promulgation of a new or revised NAAQS, the CAA requires the EPA to designate as nonattainment any area that does not meet the NAAQS or that is contributing to a nearby area that does not meet the NAAQS. A monitor on your area of Indian country or a nearby state run monitor may be representative of the air quality in your area. The monitored data should also be of sufficient quality to be used for designation purposes. Monitoring data are collected to measure how much pollution is in the air. These data are used to calculate a “design value.” The design value describes the air quality status of a given monitor or area relative to the level of a NAAQS. Design values are often based on multiple years of data, ensuring a stable indicator. Design values are typically used to designate areas as to whether they are meeting or not meeting the NAAQS, assess progress towards meeting the NAAQS, and develop control strategies to attain and maintain the NAAQS. Design values are computed and published annually by the EPA's Office of Air Quality Planning and Standards (OAQPS) and reviewed in conjunction with the EPA regional offices.

2. Information to include in the analysis of air quality data Data from both regulatory monitors and non-regulatory monitors can be included as part of the air quality data factor analysis. While only qualified data from regulatory monitors can be used to determine the designation status (nonattainment, attainment, or unclassifiable) for an area of Indian country, data from non-regulatory monitors can be used to support a geographic boundary determination for that designation category. By monitoring the level of pollution at the up-wind boundary compared to the boundary further down-wind, a tribe may be able to show whether air pollution is generally coming from sources up-wind of your areas of Indian country or is locally-generated pollution. Regulatory monitors are those that: ▪ Have a monitoring objective that is intended for comparing design values

against the level of the NAAQS (NAAQS comparison), and ▪ Have adequately achieved the quality assurance and data requirements for

regulatory decision making.

Non-regulatory monitors are those that:


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▪ Have been designated as a non-regulatory monitor type in the EPA’s Air Quality System (AQS),45 meaning that they have monitoring objectives other than NAAQS comparison, and therefore are not required to meet all of the quality assurance and data requirements necessary for regulatory decision making, or

▪ May have the objective of NAAQS comparison and have not adequately achieved the quality assurance and data requirements necessary for regulatory decision making.

We recognize that appropriate air quality data may not be available for your area of Indian country. It is also possible that despite the absence of air quality data for a particular area of Indian country, other technical information is available that characterizes air quality. For example, a nearby state regulatory monitor could be determined to be representative of air quality in your area. In these circumstances, it may be appropriate for other technical information to be used in the air quality data factor analysis. In cases where a tribe submits a recommendation for a attainment area separate from an adjacent nonattainment area, or a nonattainment area separate from an adjacent attainment area, such recommendations are best supported by air quality data from a regulatory monitor located in the relevant area of Indian country. However, we can consider non-regulatory monitoring data and other data as supporting information. For example, if the tribe is monitoring but does not yet have a complete set of data, we can consider your information in the designations process.

3. Example: air quality factor This example comes from the Forest County Potawatomi Community’s (FCPC) March 2009 O3 designation recommendation.

FCPC R/T/F/A Lands within Forest County Ozone is monitored at the FCPC’s single air monitoring site located in its Reservation on Sugarbush Hill in the Lincoln Township within Forest County, 4.5 miles east of the City of Crandon. The data used in this recommended designation letter was collected in accordance with the requirements of 40 CFR part 58, Appendix A. The fourth-highest daily maximum 8-hour average ozone concentrations in 2006 through 2008 ranged from 0.066 to .073 ppm, resulting in a design value of 0.068 ppm (see attached USEPA AQS AMP450 Quick Look Report). Hence, because these values are below the 2008 0.075 ppm

45 https://www.epa.gov/aqs.


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standard, the FCPC recommends that EPA designate the FCPC R/T/F/A lands located within Forest County as “in attainment.”

4. Sources of air quality data

• The Air Quality System (AQS)46 is the EPA's repository of ambient air quality data. AQS stores data from over 10,000 monitors, 5,000 of which are currently active. State, local, and tribal agencies collect the data and submit it to AQS on a periodic basis: https://www.epa.gov/aqs.

• EPA’s AirData website gives you access to air quality data collected at outdoor monitors across the United States: https://www.epa.gov/outdoor-air-quality-data.

• For the current criteria pollutant design values see: https://www.epa.gov/air-trends/air-quality-design-values.

• General information on the EPA’s ambient air monitoring programs: https://www.epa.gov/amtic.

• The Tribal Air Monitoring Support Center (TAMS) training and support is available without charge to all federally recognized tribes. See the TAMS website for more information: http://www7.nau.edu/itep/main/tams/.

B. EMISSION-RELATED DATA

1. Definition Emission-related data includes information on the location of important nearby emission sources and the actual and/or estimated emissions from those sources that contribute to the air pollution in your area. Emissions data indicates the potential for an area to contribute to violations of the NAAQS, making it useful in assessing boundaries of nonattainment areas. Emission-related data includes source emission data and activities related to traffic and commuting patterns, and population density, and degree of urbanization as potential sources of pollution. Data for these sources will identify the location and magnitude of emissions.

2. Information to include in the analysis of emission-related data

46 https://www.epa.gov/aqs.

https://www.epa.gov/outdoor-air-quality-data

https://www.epa.gov/air-trends/air-quality-design-values

https://www.epa.gov/amtic

http://www7.nau.edu/itep/main/tams/


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Include a list of the important facilities in and around your area of Indian country. Are there certain sources that are key contributors during specific seasons? If applicable, include information on traffic and commuting patterns such as location of major transportation arteries, traffic volume, and commuting patterns in and nearby your areas of Indian country. For example, you can include an examination of the number of commuters in your area who drive to an urban area, the percent of total commuters who commute to another area, the percent of total commuters in the surrounding area who drive into the area of Indian country, as well as the total vehicle miles traveled (VMT) for your area. VMT is a measure of the extent of motor vehicle operation--the total number of vehicle miles traveled within a specific geographic area.

Also identify population characteristics, such as density and population growth of the area, and indicate the level of commercial development. Analyze growth rates and patterns. Is the area affected by urban sprawl? The growth analysis is an evaluation of actual and/or projected percent population growth for an area over a period of time (e.g., ten years). Population data can indicate the likelihood of population-based emissions that might contribute to violations.

3. Example: emission-related data factor This example, which focuses on mobile vehicle emissions, demographics and commuting patterns, comes from the Catawba Indian Nation’s February 2012 designation recommendation for the 2008 O3 NAAQS. As part of their emission-related data analysis, the Tribe included tables and maps showing NOx and VOC emissions, population and growth statistics, and Bureau of Indian Affairs (BIA) traffic and road data.

Emissions and Emission-Related Data There are no point sources of air quality emissions within or directly adjacent to the boundaries of the Catawba Indian Nation. Several permitted facilities with significant NOx (7,031 tons/year) and VOC (11,840 tons/year) emissions are located within York County; however, these sources are at least two miles away and it is unclear whether or not they are impacting tribal lands or tribal member’s health. It is clear that these facilities do contribute to local air pollution and the formation of ozone within non-attainment areas downwind. EPA and South Carolina Department of Environmental Health and Control (DHEC) have determined that a significant portion of NOx and VOC emissions come from area and mobile sources in the Charlotte-Gastonia-Salisbury, NC-SC area. Areas of rapidly increasing urbanization and population density


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and associated increased motor vehicle emissions may contribute to ozone formation and ozone standard violations in nearby areas. US Census Bureau data shows that during the period of 2000-2010, the population of York County increased 36% from 165,705 to 226,073. Data provided by DHEC in the March 12, 2009 South Carolina Ozone Nonattainment Boundary Recommendations report states that the eastern Non-Attainment Area of York County contains approximately 90% of the county population and 94% of the vehicle miles traveled. The DHEC report also mentions that 60% of workers who live in York County work within the county, however, neglects to mention that 36% of workers that live in York County travel north and work in North Carolina. Although data suggests that eastern York County is experiencing rapid population growth and significantly contributes to mobile source emissions problems in the regions, this information does not accurately reflect the conditions of the Catawba Indian Nation.

Catawba Indian Nation Demographics and Statistics The Catawba Indian Nation along the eastern border of York County, outside the urban cluster of Rock Hill, remains less densely populated and is considerably more rural in character. The Catawba Indian Nation consists of two tracks of land along the Catawba River with a total land base of approximately 1,000 acres, which comprises only 0.002% of the land area of York County and 0.004% of the York Non-Attainment Area. The Catawba Indian Nation members living on the Reservation comprise only about 0.003% of the population of York County with close to zero population growth. The most recent and accurate demographic data for the Catawba Indian Nation indicates the population consists of 586 tribal members living in 312 homes on the reservation, many of which (42%) are children and elderly, who do not work or regularly commute off the reservation. There are 340 adult tribal members who are of working age living on the reservation, however, the reservation has a high unemployment rate and many adults do not have transportation. It is important to mention that in 2011, the Catawba Indian Nation initiated a public transit program to do their part in helping to reduce vehicle emission in the area as well as provide assistance to many tribal members who have limited or no transportation. This information further supports the conclusion that the Catawba Indian Nation does not significantly contribute to the high vehicle miles traveled (VMT) and mobile emissions source calculations that are more relevant along the I-77 commuter corridor within York County. Furthermore, the Catawba Indian Nation lands are located at the end of the roadways serving them so there is no thru-traffic or additional mobile emission from vehicles traveling or commuting through the reservation to other areas.


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4. Sources of emission-related data

• Two brief EPA documents that will help introduce you to emission inventories:

▪ Introduction to Emission Inventories for Tribes, October 2008,47

and

▪ Emission Inventory Basics for Tribal Air Coordinators, October 2008.48

• The EPA keeps track of the amount of pollution that comes from a variety of sources such as vehicles, power plants, and industries. The emissions data reported to the EPA by state and tribal environmental agencies can be an actual reading taken at a source or an estimate made using a mathematical calculation. Emissions data can be obtained from:

▪ Air Emissions Sources website49 (for general summaries), and

▪ National Emissions Inventory (NEI)50 (for detailed reports).

• EPA’s draft 2008 National Emissions Inventory, Version 3 Technical Support Document, September 2013, explains the sources of information included in the emission inventory. This document can be found at: https://www.epa.gov/sites/production/files/2015-07/documents/2008_neiv3_tsd_draft.pdf. 2008 NEI Appendices: https://www.epa.gov/sites/production/files/2015-07/documents/2008_neiv3_appendices_draft_0.pdf.

• You can find emission inventory data in the NEI at: https://www.epa.gov/air-emissions-inventories.

• EPA’s Air Emissions website is designed to make emissions data for six common pollutants easy to find and understand: https://www.epa.gov/air-emissions-inventories/air-emissions-sources.

• Based on the latest National Emissions Inventory, this site uses charts and Google Earth files to answer the user’s questions. Users can look at overall

47 https://www.epa.gov/sites/production/files/2016-09/documents/introtoemissioninventoriestribes2008.pdf.

48 https://www.epa.gov/sites/production/files/2016-09/documents/emisioninventorybasics2008.pdf

49 https://www.epa.gov/air-emissions-inventories/air-emissions-sources.

50 https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.

https://www.epa.gov/sites/production/files/2015-07/documents/2008_neiv3_tsd_draft.pdf

https://www.epa.gov/sites/production/files/2015-07/documents/2008_neiv3_tsd_draft.pdf

https://www.epa.gov/sites/production/files/2015-07/documents/2008_neiv3_appendices_draft_0.pdf

https://www.epa.gov/sites/production/files/2015-07/documents/2008_neiv3_appendices_draft_0.pdf

https://www.epa.gov/air-emissions-inventories

https://www.epa.gov/air-emissions-inventories/air-emissions-sources


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emissions, emissions by type of industry, or emissions by largest polluter. Learn more about this tool to view the geographical distribution of emission sources: https://www3.epa.gov/air/emissions/where.htm.

• County to county worker flow files (for the 2000 census) for commuting data: http://www.icpsr.umich.edu/icpsrweb/ICPSR/themes/census2000/workerflow.jsp.

• Information from the U.S. Census on commuting patterns at the county level: http://www.census.gov/population/www/cen2000/commuting/index.html.

• County VMT data (for 2006): https://www3.epa.gov/pmdesignations/2006standards/final/TSD/tsd_J_county_vmt_data.pdf.

• To prepare VMT estimates for your area see: https://www3.epa.gov/pmdesignations/2006standards/final/TSD/tsd_1.0_toc_intro.pdf.

• Census information for population data: http://www.census.gov/, and https://www.census.gov/quickfacts/fact/table/US/PST045217.

• Census data on urban and rural classification and data on metropolitan and micropolitan statistical areas: http://www.census.gov/geo/www/ua/urbanruralclass.html, and https://www.census.gov/programs-surveys/metro-micro.html

• Population estimates and growth data can be found at: http://www.census.gov/popest/, and https://www.census.gov/data.html.

C. METEOROLOGY

1. Definition The evaluation of meteorological data helps to determine the effect of meteorological conditions on the fate and transport of emissions contributing to the pollutant concentrations and to identify areas potentially contributing to the monitored violations. This section provides recommendations for summarizing meteorological data and results in support of appropriate nonattainment area boundaries. One basic meteorological analysis involves assessing potential source-receptor relationships in the area using summaries of emission, wind

https://www3.epa.gov/air/emissions/where.htm

http://www.icpsr.umich.edu/icpsrweb/ICPSR/themes/census2000/workerflow.jsp

http://www.icpsr.umich.edu/icpsrweb/ICPSR/themes/census2000/workerflow.jsp

http://www.census.gov/population/www/cen2000/commuting/index.html

https://www3.epa.gov/pmdesignations/2006standards/final/TSD/tsd_J_county_vmt_data.pdf

https://www3.epa.gov/pmdesignations/2006standards/final/TSD/tsd_J_county_vmt_data.pdf

https://www3.epa.gov/pmdesignations/2006standards/final/TSD/tsd_1.0_toc_intro.pdf

https://www3.epa.gov/pmdesignations/2006standards/final/TSD/tsd_1.0_toc_intro.pdf

http://www.census.gov/

https://www.census.gov/quickfacts/fact/table/US/PST045217

http://www.census.gov/geo/www/ua/urbanruralclass.html

https://www.census.gov/programs-surveys/metro-micro.html

http://www.census.gov/popest/

https://www.census.gov/data.html


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speed, and wind direction data. A more sophisticated assessment involves modeling air parcel trajectories. A simplified meteorological assessment may include identifying the frequency of surface level wind speed and direction on days with high observed pollutant concentrations and comparing this frequency to the frequency of wind speed and direction for other meteorological periods, years or seasons, for example. A more sophisticated meteorological assessment would employ trajectory models to help understand complex transport situations by illustrating the three-dimensional paths traveled by air parcels to violating monitors. The HYSPLIT (HYbrid Single-Particle Lagrangian Integrated Trajectory) modeling system may be useful for some areas to produce air parcel trajectories.

2. Information to include in the analysis of meteorology The evaluation of meteorological data helps to determine the effect on the fate and transport of emissions contributing to ozone concentrations and to identify areas potentially contributing to the monitored violations. One basic meteorological analysis involves assessing potential source-receptor relationships in the area using summaries of emissions, wind speed, and wind direction data. A more sophisticated assessment involves modeling air parcel trajectories to help understand complex transport situations. The HYSPLIT (HYbrid Single-Particle Lagrangian Integrated Trajectory) modeling system may be useful for some areas to produce trajectories that illustrate the 3-dimensional paths traveled by air parcels to a violating monitor. The EPA is providing back trajectories in the Ozone Mapping Tool for violating monitors, for each day of high ozone concentration (i.e., daily maximum 8 hour values that exceed the NAAQS) at those monitors. States or tribes can choose to do additional HYSPLIT modeling and guidance is provided in the ozone designations guidance document.


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3. Example: meteorology factor (weather/transport patterns) This example comes from the Catawba Indian Nation’s February 2012 designation recommendation for the 2008 O3 NAAQS.51 As part of their meteorology analysis, the Tribe provided a wind rose showing the wind direction for high O3 days: Meteorology (Weather/Transport Patterns) EPA’s analysis of National Weather Service data indicates that during the ozone season, the predominant wind direction is from the south/southwest. Therefore, precursor emission from NOx and VOC point sources and mobile vehicle sources that contribute to ozone formation will move primarily from south to north. For this reason, EPA has determined that the eastern urbanized area of York County does contribute to air quality problems and ozone standard violations in the Charlotte non-attainment area. Using this analysis and logical reasoning, the York County ozone monitor located in the far southwest rural area of the York non-attainment area more accurately represents upwind, background levels of ozone. The Arrowood ozone monitor (design value 0.076ppm) located immediately adjacent and downwind from Rock Hill urban area is likely to more accurately reflect ozone concentration from the eastern York County non-attainment area, at least during times of prevailing southwesterly winds.

4. Sources of meteorology information Information sources related to meteorological data and air quality models can be found at:

▪ Meteorological Data and Processors: https://www3.epa.gov/ttn/scram/metdataindex.htm.

▪ National Oceanic and Atmospheric Administration’s (NOAA) HYSPLIT - Hybrid Single Particle Lagrangian Integrated Trajectory Model: http://ready.arl.noaa.gov/HYSPLIT.php.

▪ NOAA’s National Climate Data Center: https://www.ncdc.noaa.gov/.

51 http://www.epa.gov/glo/designations/2008standards/rec/staterem/R4_Catawba_120Resp.pdf

https://www3.epa.gov/ttn/scram/metdataindex.htm

http://ready.arl.noaa.gov/HYSPLIT.php

https://www.ncdc.noaa.gov/


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D. GEOGRAPHY/TOPOGRAPHY

1. Definition Geography and topography includes the physical features of the land that might define the airshed and thus affect the formation and distribution of pollution. Mountains, narrow valleys, or other physical features may affect the location of emissions sources and the distribution of emissions in the airshed and may help define the boundaries of violating areas and areas contributing to violating areas. Areas with flat topography may experience a more even distribution of air quality.

2. Information to include in the analysis of geography/topography The geography/topography analysis involves an examination of the physical features of the land that might affect the airshed and, therefore, the potential distribution of air pollutants over the area. In your analysis of this factor, include a description of any significant physical features of the land. For example, an area located in a valley bordered by mountains could experience very different effects to the airshed than an area with generally uninterrupted flat terrain.

Tribes that seek a designation separate from the surrounding area may be able to support their recommendation using this factor, if they can show that their Indian country is physically separated from the adjacent area by topography or other geographic feature such as a mountain range or other barriers that significantly limit air pollution transport from or onto their lands. You may include topographical maps of your specific areas in the technical analyses.

3. Example of geography/topography factor The following example comes from the Pechanga Band of Luiseno Indians’ December 17, 2007 designation recommendation for the PM2.5 NAAQS:

Geography The Pechanga Reservation is located on a total land base of approximately 5,600 acres. The Reservation is in Southern Riverside County with its southern border at the San Diego County line. The City of Temecula is located to the northwest, the town of Rainbow to the southwest, and the Cleveland National Forest to the southeast. The Reservation is comprised of mountains and plateaus, with elevations ranging from 1,100 feet to 2,600 feet in the southeastern portion. Agua Tibia Mountain and Wild Horse Peak are located to the southeast and east, and Mount Olympus and Gavilan Mountain are located to the southwest and west.


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4. Sources of geography/topography information

▪ U.S. Geological Survey topographic information: https://www.usgs.gov/products/maps/topo-maps.

▪ Google Earth is also a tool that can be used for a three dimension look at geography/topography analysis: https://www.google.com/earth/.

▪ Microsoft Bing Maps is another tool that can be used to develop maps: http://www.microsoft.com/maps/.

E. JURISDICTIONAL BOUNDARIES

1. Definition The jurisdictional boundaries factor considers the defined legal boundaries of the area that pertains to the designation recommendation. Examples of jurisdictional boundaries include tribal reservations and other Indian country, counties, and metropolitan planning organizations. An analysis of the planning and organizational structure of an area should also be considered to provide insights into how air quality planning and enforcement would be carried out in a potential nonattainment area.

The jurisdictional boundaries factor is one of the five factors that the EPA considers in the designations decision making process. It is important to note that while we intend to recognize tribal sovereignty and the jurisdictional status of Indian country in the decision making process and understand that tribal status is different than county or state status; decisions will be made after a consideration of all factors. We also know tribes retain important sovereign authorities over their territories and that jurisdiction in Indian country generally rests with the relevant tribe and the federal government. In general, when we are deciding whether to grant a tribal request for designation of a separate area, the jurisdictional boundaries factor analysis may be the most relevant. Several example decision making scenarios for considering tribal recommendations/requests are included below. These scenarios are meant to provide general examples, and do not suggest a definitive decision. Ultimately, the EPA’s decision regarding whether to designate an area of Indian country separately will depend upon a consideration of all factors and other relevant data/information submitted by a tribe with their recommendation/request.

https://www.usgs.gov/products/maps/topo-maps

https://www.google.com/earth/

http://www.microsoft.com/maps/


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▪ Tribe submits a recommendation/request for a separate nonattainment area with the same or a different area classification (e.g., Moderate, Serious, etc.) than an adjacent nonattainment area.

- Tribe either has its own regulatory monitor demonstrating violation of the NAAQS or has shown that a proximate regulatory monitor violating the NAAQS outside of Indian country is sufficiently representative of air quality in the Indian country area.

- There are no significant emissions sources in Indian country that are contributing to nonattainment in the adjacent area.

- Indian country area is impacted only by sources within the Indian country.

→ Indian country area could be designated as a separate nonattainment area or with a different area classification.

▪ Tribe submits a recommendation/request for a separate nonattainment area from an adjacent nonattainment area.

- Tribe either has its own regulatory monitor demonstrating violation of the NAAQS or has shown that a proximate regulatory monitor outside of Indian country violating the NAAQS is sufficiently representative of air quality in the Indian country area.

- Indian country area has emissions sources that are contributing to nonattainment in the adjacent state area.

- Indian country area is impacted by sources outside of Indian country. - Indian country area is meteorologically and topographically

integrated with the surrounding area. → Indian country area could be designated as part of a multi-

jurisdictional nonattainment area, such that the tribe is one of the governing bodies within the area.

▪ Tribe submits a recommendation/request for a separate attainment area adjacent to a nonattainment area.

- Tribe has its own regulatory monitor demonstrating the NAAQS is being met.

- There are no significant emissions sources in the Indian country area that are contributing to nonattainment in the adjacent area.

- Indian country area is separated from adjacent nonattainment area by topography or other geographic features.

→ Indian country area could be designated as a separate attainment area.

▪ Tribe submits a recommendation/request for a separate nonattainment area adjacent to or within a surrounding attainment area.

- Tribe has its own regulatory monitor demonstrating the NAAQS is being violated.


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→ Indian country area could be designated as a separate nonattainment area.

▪ Tribe submits a recommendation/request for a separate attainment area adjacent to or within a surrounding attainment area.

- Tribe either has its own regulatory monitor demonstrating attainment of the NAAQS or has shown that a proximate regulatory monitor outside of Indian country that is attaining the NAAQS is sufficiently representative of air quality in the Indian country area.

→ Indian country area could be designated as a separate attainment area.

2. Information to include in the analysis of jurisdictional boundaries If you are seeking to have your lands designated separately from the surrounding or adjacent areas include a map and documentation of the boundary of the area of Indian country to which the request for a separate designation pertains. Consultation with us (if requested) will help ensure that those tribes who are interested in submitting a recommendation for their area of Indian country, to be designated separately from the adjacent area, are aware of the implications for their tribe (e.g., air quality planning and permitting) if their recommendation is granted.

If you do not seek to have your areas of Indian country designated separately from the surrounding or adjacent areas, you do not need to provide a description of the exterior boundaries of your lands. The EPA examines jurisdictional boundaries for the purposes of providing a clearly defined legal boundary for carrying out the air quality planning and enforcement functions for the area.

3. Example: jurisdictional boundaries factor This example comes from the Catawba Indian Nation’s February 2012 designation recommendation for the 2008 O3 NAAQS. As part of their jurisdictional boundary analysis, the Tribe included maps and aerial photos of the Catawba Indian Nation lands. Note that the Tribe was seeking to have their reservation designated as unclassifiable, when the surrounding area was classified as nonattainment: Jurisdictional Boundaries The “Indian Country” of the Catawba Indian Nation is located entirely within York County and the Rock Hill-Fort Mill Area Transportation Study (RFATS) Metropolitan Planning Organization (MPO) area. The Tribe recognizes that the South Carolina Air Quality State Implementation Plan (SIP) and other regulatory policies and procedures do currently apply to the Catawba Indian Nation and


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Reservation lands. The proposed separate ozone designation of “attainment” for the Catawba Indian Nation is not expected to have any adverse effects on local air quality planning, permitting, or enforcement functions for the surrounding non-attainment areas. The Catawba Indian Nation will continue to serve as an active member of RFATS working on transportation conformity planning while also working toward increasing our participation and involvement in local and regional air quality monitoring, planning, and pollution control programs and strategies. We intend to fully protect and exercise the sovereign status and federal trust relationship we have with the United States Government and U.S. Environmental Protection Agency to insure that human health and the environment are adequately protected and the Clean Air Act is properly implemented on our tribal lands and in our region.

F. OTHER RELEVANT INFORMATION We plan to consider the above five factors, along with any other relevant information you submit, in determining the appropriate designation for your lands. The factors listed above, while generally comprehensive, are not intended to be exhaustive. You may submit additional information you believe is relevant for the EPA to consider.

For examples of designation recommendations and associated technical analyses submitted to the EPA by tribes and the EPA’s responses to the submitted documents, see the following websites:

• Area designations for the 2015 ground-level ozone (O3) standards: https://www.epa.gov/ozone-designations/2015-ozone-standards-tribal-recommendations.

• Area designations for the 2012 24-hour fine particle (PM2.5) standards: https://www3.epa.gov/airquality/particlepollution/designations/2012standards/tribalrec.htm.

• Area designations for the 2010 nitrogen dioxide (NO2) standards: https://www.epa.gov/nitrogen-dioxide-designations/2010-nitrogen-dioxide-standards-tribal-recommendations-and-epa.

• Area designations for the 2008 lead (Pb) standards: https://www.epa.gov/lead-designations/2008-lead-standards-tribal-recommendations-and-epa-responses.

https://www.epa.gov/ozone-designations/2015-ozone-standards-tribal-recommendations

https://www.epa.gov/ozone-designations/2015-ozone-standards-tribal-recommendations

https://www3.epa.gov/airquality/particlepollution/designations/2012standards/tribalrec.htm

https://www3.epa.gov/airquality/particlepollution/designations/2012standards/tribalrec.htm

https://www.epa.gov/nitrogen-dioxide-designations/2010-nitrogen-dioxide-standards-tribal-recommendations-and-epa

https://www.epa.gov/nitrogen-dioxide-designations/2010-nitrogen-dioxide-standards-tribal-recommendations-and-epa

https://www.epa.gov/lead-designations/2008-lead-standards-tribal-recommendations-and-epa-responses

https://www.epa.gov/lead-designations/2008-lead-standards-tribal-recommendations-and-epa-responses


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VII. SUBMITTING THE DESIGNATION RECOMMENDATION

A. WHERE AND WHEN DO I SEND THE DESIGNATION RECOMMENDATION LETTER AND MULTI-FACTOR ANALYSIS? Shortly after promulgation of a new or revised final NAAQS, your EPA regional office will send a letter that will request your designation recommendation by a date specified in the letter and offer consultation. This letter will also provide the mailing address for your designation recommendation.

Given the CAA requirement to designate all areas in a timely manner, we intend to designate all areas of the country on the same schedule. It is therefore, important, that you submit your designation recommendation no later than the deadline provided in the EPA regional office letter. This will ensure that we have adequate time to conduct appropriate consultation (if requested), and will allow us to make informed, timely decisions on any requests for separately designated areas of Indian country. Your designation recommendation and accompanying multi-factor analysis should be submitted to your EPA Regional Office Administrator for consideration.52 Your submittal should be accompanied by a formal letter from an authorized tribal official to your EPA Regional Administrator. We recommend that you review the checklist found in Appendix I to ensure completeness of your designation recommendation prior to submission.

B. WHEN IS THE DESIGNATION RECOMMENDATION DUE? The designation time frame is controlled by CAA section 107(d) which establishes the requirement for the EPA to finalize the area designations no later than two years from the date a new or revised NAAQS is promulgated. However, the EPA may extend the deadline by up to one year if the EPA has insufficient information to complete the designations in two years. Recommendations are typically due one year from promulgation of the NAAQS, although the EPA has the authority to set an earlier deadline. The request letter that the EPA sends to you will provide the due date for your designation recommendation.

C. WHAT IS THE PROCESS FOR REVIEWING MY DESIGNATION RECOMMENDATION? Your EPA regional office, along with the EPA headquarters offices, will review your designation recommendation and multi-factor analysis. We will consider, as appropriate, available air quality monitoring or, for SO2, modeling or emissions data that

52 See Appendix E of this document for a list of the EPA Regional Administrators.


49

you submit in support of your recommendation and all other relevant information/data. We will ensure that the data you submit with your designation recommendation are accurate and represent your current air quality status. If the EPA intends to make any modifications to your recommendation, we intend to offer an opportunity for you to participate in technical dialogue regarding the recommendation. This will help ensure that tribal staff members have time to engage with their tribal leaders before they receive written notification from the EPA. Following our review, we will send you a letter indicating our intended designation of your area (as nonattainment, attainment, or unclassifiable). Our intended designations are based on your initial recommendation and multi-factor analysis, as well as consideration of all other relevant information. (See Appendix J for an example of an EPA review of the multi-factor analysis that accompanied a designation recommendation.)

D. WHAT HAPPENS IF THE EPA AGREES WITH MY DESIGNATION RECOMMENDATION? If we agree with your designation recommendation, we will send a letter informing you that we accept your designation recommendation. The EPA will then officially promulgate (via publication in the FR) a final designation decision that reflects your recommendation.

E. WHAT HAPPENS IF THE EPA DOES NOT AGREE WITH MY DESIGNATION RECOMMENDATION? If, after careful consideration and appropriate consultation, we do not agree with your initial designation recommendation and we intend to modify it, we will notify you in a letter (commonly referred to as a “120-day” letter) no later than 120 days prior to our final action to designate your area. As appropriate, consultation will be conducted after you receive the 120-day letter. Following receipt of our 120-day letter, if you have additional information that you want us to consider, we request that such information be submitted to your EPA Regional Office Administrator within 60 days after receiving our 120-day letter. This will help ensure that we can fully consider the additional information prior to issuing final designations. (See Table 1, step 8, page 17.) Because of the potential implications for tribes, we will send letters containing our final designation decisions to:

• All tribes that submitted a designation recommendation regardless of whether the EPA intends to modify or agrees with the recommendation;

• All tribes within Indian country that we are designating as nonattainment; and

• All tribes with TAS status for CAA section 107(d) purposes.


50

Although tribes are generally not required to submit designation recommendations, the CAA does establish statutory requirements for the EPA to promulgate designations within a certain time frame. During consultation (if requested), we plan to fully inform you of this statutory requirement. This will help ensure that consultation is completed by the time the final designations are promulgated. Following consultation and evaluation of any additional information you submit, the EPA Administrator makes the final designation decisions. The final designations are signed by the EPA Administrator and published in the Federal Register, along with a date on which the designations become effective. The effective date is usually 30 to 60 days after publication, but it may be later.

F. KEY POINTS AND FURTHER INFORMATION

• Send your designation recommendation letter and any accompanying multi-factor analysis to your EPA Regional Office Administrator.

• The due date for your recommendation is typically one year from promulgation of the NAAQS; the due date will be included in the letter that you will receive from your EPA regional office.

• Your EPA regional office, along with the EPA headquarters offices, will review your designation recommendation, multi-factor analysis and any other relevant information. We intend to provide additional opportunities for consultation (if requested) before the final designation is promulgated.

• The EPA’s review will be done in a timely manner to conform to deadlines set by the CAA.

• Your multi-factor analysis will be carefully reviewed for accuracy and to ensure it represents your current air quality status.

• We intend to keep you informed of our intended designation decisions and offer the opportunity for consultation and to submit additional relevant information prior to final designation decisions.

For further information on submitting your designation recommendations see:

• Guidance to Regions for Working with Tribes during the National Ambient Air Quality Standards (NAAQS) Designation Process, December 2011: https://epa.gov/sites/production/files/2017-02/documents/12-20-11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf.

https://epa.gov/sites/production/files/2017-02/documents/12-20-11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf

https://epa.gov/sites/production/files/2017-02/documents/12-20-11_guidance_to_regions_for_working_with_tribes_naaqs_designations.pdf


51

• Policy for Establishing Separate Air Quality Designations for Areas of Indian Country, December 2011: https://epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf.

VIII. APPENDIX This section contains valuable information to assist you in your decision making and to guide you through the designation recommendation process.

https://epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf

https://epa.gov/sites/production/files/2016-02/documents/indian-country-separate-area.pdf


52

APPENDIX


53

APPENDIX A: INFORMATION ON CRITERIA POLLUTANTS Pollutant Description Health and Environmental Effects and Common Emission Sources

CO

What Is It? Carbon Monoxide

• Carbon monoxide, or CO, is a colorless, odorless gas that is formed when carbon in fuel is not burned completely.

• Higher levels of CO generally occur in areas with heavy traffic congestion and during the colder months of the year.

Health Effects • CO can cause harmful health effects by reducing oxygen delivery to the body's organs (like the heart and brain) and tissues.

• For a person with heart disease, a single exposure to CO at low levels may cause chest pain and reduce that person's ability to exercise; repeated exposures may contribute to other cardiovascular effects.

• People who breathe high levels of CO can develop vision problems, reduced ability to work or learn, reduced manual dexterity, and difficulty performing complex tasks.

• At extremely high levels, CO is poisonous and can cause death.

Environmental Effects

• CO contributes to the formation of smog (ozone).

• CO emissions lead to increases in the concentrations of carbon dioxide, methane, and ozone, which are greenhouse gases.

Common Emission Sources

• Motor vehicle exhaust contributes about 56 percent of all CO emissions nationwide.

• Other non-road engines and vehicles (such as construction equipment and boats) contribute about 22 percent of all CO emissions nationwide.

NO2 What Is It? Nitrogen Dioxide

• Nitrogen dioxide (NO2) belongs to a family of highly reactive gases called nitrogen oxides (NOx).

• While the EPA’s National Ambient Air Quality Standard covers this entire family of NOx, NO2 is the component of greatest interest and the indicator for the larger group of nitrogen oxides.


• Sulfur dioxide and NOx are the two key air pollutants that cause acid deposition, which can harm lakes and streams and damage trees, crops, historic buildings, and monuments.

• NOx emissions contribute to accelerated eutrophication of coastal waters and estuaries.

• Nitrous oxide (N2O) is a greenhouse gas. • NOx emissions lead to formation of compounds that impair visibility.


• NO2 forms quickly from emissions from cars, trucks and buses, power plants, and off-road equipment.

https://www.epa.gov/co-pollution

https://www.epa.gov/co-pollution

https://www.epa.gov/no2-pollution


54

Pollutant Description Health and Environmental Effects and Common Emission Sources

O3

What Is It? Ozone

• Ozone (O3) is a gas composed of three oxygen atoms.

• At ground level, O3 is created by a chemical reaction between NOx and volatile organic compounds (VOC) in the presence of sunlight.

• Ground-level O3 is harmful to health and the environment and is the primary constituent of smog.

• Very high in the atmosphere (about 10 to 30 miles above the earth's surface) "good" ozone occurs naturally and forms a layer that protects life on earth from the sun's harmful rays.

Health Effects • People with lung disease, children, older adults, and people who are active can be affected when ozone levels are unhealthy.

• Numerous scientific studies have linked ground-level O3 exposure to a variety of problems, including: airway irritation, coughing, and pain when taking a deep breath; wheezing and breathing difficulties during exercise or outdoor activities; inflammation, which is much like a sunburn on the skin; aggravation of asthma and increased susceptibility to respiratory illnesses like pneumonia and bronchitis; and, permanent lung damage with repeated exposures.


• Ground-level O3 can have detrimental effects on plants and ecosystems.

• These effects include: interfering with the ability of sensitive plants to produce and store food, making them more susceptible to certain diseases, insects, other pollutants, competition and harsh weather; damaging the leaves of trees and other plants, negatively impacting the appearance of urban vegetation, as well as vegetation in national parks and recreation areas; and reducing forest growth and crop yields, potentially impacting species diversity in ecosystems.


• Motor vehicle exhaust and industrial emissions, gasoline vapors, and chemical solvents as well as natural sources emit NOx and VOC that lead to formation of O3.

Pb

What Is It? Lead

• Lead (Pb) is a metal found naturally in the environment as well as in manufactured products.

• As a result of the EPA's regulatory efforts to remove lead from gasoline, emissions of lead from the transportation sector dramatically declined by 95 percent between 1980 and 1999, and levels of lead in the air decreased by 94 percent between 1980 and 1999.

Health Effects • Lead can adversely affect the nervous system, kidney function, immune system, reproductive and developmental systems and the cardiovascular system.

• Lead exposure also affects the oxygen carrying capacity of the blood.

https://www.epa.gov/ozone-pollution

https://www.epa.gov/lead-air-pollution


55


• The lead effects most commonly encountered in current populations are neurological effects in children and cardiovascular effects in adults.

• Infants and young children are especially sensitive to even low levels of lead, which may contribute to behavioral problems, learning deficits and lowered IQ.


• Ecosystems near point sources of lead demonstrate a wide range of adverse effects including losses in biodiversity, changes in community composition, decreased growth and reproductive rates in plants and animals, and neurological effects in vertebrates.

PM What Is It? Particulate Matter

• Particulate matter (PM) is a mixture of extremely small particles and liquid droplets, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles.

• As the size of particles is directly linked to their potential for causing health problems, the EPA groups particle pollution into two categories.

• "Inhalable coarse particles," such as those found near roadways and dusty industries, are larger than 2.5 micrometers and smaller than 10 micrometers in diameter.

• "Fine particles," such as those found in smoke and haze, are 2.5 micrometers in diameter and smaller.

Health Effects • PM particles are so small that they can get deep into the lungs and cause serious health problems.

• Numerous scientific studies have linked particle pollution exposure to a variety of problems, including increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing, for example; decreased lung function; aggravated asthma; development of chronic bronchitis; irregular heartbeat; nonfatal heart attacks; and premature death in people with heart or lung disease.

• People with heart or lung diseases, children and older adults are the most likely to be affected by particle pollution exposure.


• Fine particles are the major cause of reduced visibility (haze) in parts of the United States, including many of our treasured national parks and wilderness areas.

• Particles can be carried over long distances by wind and then settle on ground or water. The effects of this settling include: making lakes and streams acidic; changing the nutrient balance in coastal waters and large river basins; depleting the nutrients in soil; damaging sensitive forests and farm crops; and affecting the diversity of ecosystems.

• Particle pollution can stain and damage stone and other materials, including culturally important objects such as statues and monuments.

https://www.epa.gov/pm-pollution

https://www.epa.gov/pm-pollution


56



• PM can be directly emitted from sources such as forest fires, or they can form when gases emitted from power plants, industries and automobiles react in the air.

SO2 What Is It? Sulfur Dioxide

• Sulfur dioxide (SO2) is one of a group of highly reactive gasses known as “oxides of sulfur.”

• The EPA’s National Ambient Air Quality Standard for SO2 is designed to protect against exposure to the entire group of sulfur oxides (SOx).

• SO2 is the component of greatest concern and is used as the indicator for the larger group of SO2. Other gaseous sulfur oxides (e.g. SO3) are found in the atmosphere at concentrations much lower than SO2.

Health Effects • Current scientific evidence links short-term exposures to SO2, ranging from 5 minutes to 24 hours, with an array of adverse respiratory effects including bronchoconstriction and increased asthma symptoms. These effects are particularly important for asthmatics at elevated ventilation rates (e.g., while exercising or playing.)

• Studies also show a connection between short-term exposure and increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations including children, the elderly, and asthmatics.

• Emissions of SOx can react with other compounds in the atmosphere to form PM, which has adverse health effects.


• SOx and NOx are the two key air pollutants that cause acid deposition, which can harm lakes and streams and damage trees, crops, historic buildings, and monuments.

• SOx emissions lead to formation of compounds that impair visibility.


• The largest sources of SO2 emissions are from fossil fuel combustion at power plants (73%) and other industrial facilities (20%).

• Smaller sources of SO2 emissions include industrial processes such as extracting metal from ore, and the burning of high sulfur containing fuels by locomotives, large ships, and non-road equipment.

https://www.epa.gov/so2-pollution


57

APPENDIX B: SAMPLE TRIBAL DESIGNATIONS CONSULTATION LETTER


58


59

APPENDIX C: EPA HEADQUARTERS AND REGIONAL OFFICES TRIBAL CONTACTS

EPA - OAR

James Childers (Pat)

Senior Indian Program Manager

(202) 564-1082

[email protected]

EPA - OAQPS

Laura McKelvey

Tribal Coordinator

(919) 541-5497

[email protected]

EPA - OTAQ

Sarah Fowlkes

(734) 214-4417

[email protected]

Lucita Valiere

(206) 553-8087

[email protected]

EPA - ORIA

Chris Griffin

(202) 343-9421

[email protected]

EPA - OAP

Erica Bollerud

(202) 343-9282

[email protected]

EPA - Region 1

Eugene Benoit

(617) 918-1639

[email protected]

EPA - Region 2

Gavin Lau

(212) 637-3708

[email protected]

EPA - Region 3

Brian Hamilton

(215) 814-5497

[email protected]

EPA - Region 4

[email protected]

Ana Oquendo

(404) 562-9781

[email protected]

Mario Zuniga

(404) 562-8961

[email protected]

Melba Table

(404) 562-9086

[email protected]

EPA - Region 5

Benjamin Giwojna

(312) 886-0247

[email protected]

Monika Lacka

(312) 886-6556

[email protected]

Avi Lapp

(312) 353-4855

[email protected]

EPA - Region 6

Aunjanee Gautreaux

(214) 665-7127

[email protected]

Frances Verhalen

(214) 665-2172

[email protected]

EPA - Region 7

11201 Renner Blvd

Lenexa, KS 66219

Paula Higbee

(913) 551-7028

[email protected]

EPA - Region 8

Kyle Olson

(303) 312-6002

[email protected]

EPA - Region 9

Lauren Maghran

(415) 947-4107

[email protected]

EPA - Region 10

Sandra Brozusky

(206) 553-5317

[email protected]

Erin McTigue

(206) 553-1254

[email protected]

Kayla Krauss

(206) 553-2728

[email protected]

https://www.epa.gov/tribal-air/tribal-air-coordinators

https://www.epa.gov/tribal-air/tribal-air-coordinators

mailto:[email protected]



https://www.epa.gov/valiere.lucita%40epa.gov














https://www.epa.gov/Verhalen.frances%40epa.gov



https://www.epa.gov/maghran.lauren%40epa.gov


mailto:%[email protected]

mailto:%[email protected]


60

APPENDIX D: DECISION MATRIX

APPENDIX D: DECISION MATRIX


61

APPENDIX E: EPA REGIONAL ADMINISTRATORS

Region 1 (CT, ME, MA, NH, RI, VT and 10 Tribal Nations)

Deborah Szaro (Acting)

5 Post Office Square, Suite 100

Boston, MA 02109-3912

(617) 918-1011

[email protected]

Region 2 (NJ, NY, PR, USVI and 8 Tribal Nations)

Walter Mugdan (Acting)

290 Broadway

New York, NY 10007-1866

(212) 637-5000

[email protected]

Region 3 (DE, DC, MD, PA, VA, WV and 1 Tribe)

Cecil A. Rodrigues (Acting)

1650 Arch Street

Philadelphia, PA 19103-2029

(215) 814-2900

[email protected]

Region 4 (AL FL, GA, KY, MS, NC, SC, TN and 6 Tribes)

V. Anne Heard (Acting)

61 Forsyth Street, SW

Atlanta, GA 30303-3104

(404) 562-9900

Region 5 (IL, IN, MI, MN, OH, WI and 35 Tribes)

Robert Kaplan (Acting)

77 West Jackson Blvd.

Chicago, IL 60604-3590

(312) 886-3000

Region 6 (AR, LA, NM, OK, TX and 66 Tribes)

Samuel Coleman, P.E. (Acting)

1445 Ross Avenue, Suite 1200

Dallas, TX 75202

(214) 665-2200

[email protected]

Region 7 (IA, KS, MO, NE and 9 Tribal Nations)

Ed H. Chu (Acting)

11201 Renner Blvd.

Lenexa, KS 66219

(913) 551-7006

[email protected]

Region 8 (CO, MT, ND, SD, UT, WY and 27 Tribal Nations)

Deb Thomas (Acting)

1595 Wynkoop Street

Denver, CO 80202-1129

(303) 312-6532

Region 9 (AZ, CA, HI, NV, Pacific Islands and 148 Tribes)

Alexis Strauss (Acting)

75 Hawthorne Street

San Francisco, CA 94105

(415) 947-8000

Region 10 (AK, ID, OR, WA and 271 Native Tribes)

Michelle Pirzadeh (Acting)

1200 6th Avenue

Seattle, WA 98101

(206) 553-1234

[email protected]


62

APPENDIX F: AIR QUALITY EDUCATION AND TRAINING RESOURCES Resource Contact Information

Air Pollution Training Institute (APTI) provides

technical training to tribal air pollution professionals.

Courses are available in classroom and self-instructional

formats.

https://www.apti-learn.net/LMS/EPAHomePage.aspx

APTI partners host classroom training and professional

development throughout the United States. Please contact

these partners directly to get a list of available training

and to register for classroom courses.

California Air Resources Board (CARB)

http://www.arb.ca.gov/training/training.htm

CenSARA

http://censara.org/

LADCO

http://www.ladco.org/training/index.php

MARAMA

http://www.marama.org/training-center

Metro4/SESARM

http://www.metro4-sesarm.org/

NESCAUM

http://www.nescaum.org/topics/training-clean-air-academy

WESTAR

http://www.westar.org/training.html

Community Modeling and Analysis System (CMAS)

offers semiannual software courses.

http://www.cmascenter.org/training/classes.cfm

The Institute for Tribal Environmental Professionals

(ITEP) provides assistance (including air quality training

courses to Indian tribes and other public and private

groups) in promoting effective environmental-resource

management on Indian lands.

http://www4.nau.edu/itep/air/training_aq.asp

National Tribal Air Association (NTAA) provides

information and links to upcoming events such as EPA

webinars and briefings, conferences, proposed

rulemakings, and meetings.

http://www.ntaatribalair.org/

The Tribal Air Monitoring Support Center (TAMS)

offers different training courses that focus on a variety of

topics related to ambient air quality monitoring.

http://www4.nau.edu/tams/training/

https://www.apti-learn.net/LMS/EPAHomePage.aspx

http://www.arb.ca.gov/training/training.htm

http://censara.org/

http://www.ladco.org/training/index.php

http://www.marama.org/training-center

http://www.metro4-sesarm.org/

http://www.nescaum.org/topics/training-clean-air-academy

http://www.westar.org/training.html

http://www.cmascenter.org/training/classes.cfm

http://www4.nau.edu/itep/air/training_aq.asp

http://www.ntaatribalair.org/

http://www4.nau.edu/tams/training/


63

APPENDIX G: AIR QUALITY MONITORING INFORMATION AND DATA SOURCES

Resource Link/Information Source

Air Pollution Monitoring EPA website contains information

and links to many topics associated with monitoring air

pollution.

https://www3.epa.gov/airquality/montring.html


Air Quality System (AQS) The Air Quality System (AQS) is

EPA's repository of ambient air quality data. AQS stores data

from over 10,000 monitors, 5,000 of which are currently active.

State, local and tribal agencies collect the data and submit it to

AQS on a periodic basis.

https://www.epa.gov/aqs

AirTrends Air Quality Monitoring Information each year

EPA tracks the levels of pollutants in the air and how much of

each pollutant (or the pollutants that form them) is emitted from

various pollution sources. The EPA posts the results of our

analyses to this web site.


Air Pollution Monitoring website is a gateway to

understanding the EPA’s monitoring objectives and networks.


Technical Air Pollution Resources website provides access to

a collection of EPA resources with technical information about

many areas of air pollution prevention, technology, regulation,

measurement, and science.

https://www.epa.gov/technical-air-pollution-resources

Ambient Monitoring Technology Information Center

(AMTIC) EPA website contains information on ambient air

quality monitoring programs, monitoring methods, quality

assurance and control procedures, and federal regulations

related to ambient air quality monitoring. The site is primarily

intended for use by air monitoring staff responsible for

collecting ambient air monitoring data.


Options Available for Tribes to Meet Independent

Performance Evaluation Requirements for the Ambient Air

Monitoring Programs Collecting Data for Comparison to

the NAAQS

https://www.epa.gov/sites/production/files/2016-

02/documents/npap_pep_tribal_options_0.pdf

Quality Assurance Handbook for Air Pollution

Measurement Systems: Volume II: Ambient Air Quality

Monitoring Program

https://www3.epa.gov/ttnamti1/files/ambient/pm25/qa/Fi

nal%20Handbook%20Document%201_17.pdf

Technical Guidance for the Development of Tribal Air

Monitoring Programs, August 2007


08/documents/techguidancetribalattch_0.pdf

Tribal Air Monitoring Support Center (TAMS) offers

support and training courses that focus on a variety of topics

related to ambient monitoring.




https://www.epa.gov/aqs



https://www.epa.gov/technical-air-pollution-resources


https://www.epa.gov/sites/production/files/2016-02/documents/npap_pep_tribal_options_0.pdf

https://www.epa.gov/sites/production/files/2016-02/documents/npap_pep_tribal_options_0.pdf

https://www3.epa.gov/ttnamti1/files/ambient/pm25/qa/Final%20Handbook%20Document%201_17.pdf

https://www3.epa.gov/ttnamti1/files/ambient/pm25/qa/Final%20Handbook%20Document%201_17.pdf

https://www.epa.gov/sites/production/files/2016-08/documents/techguidancetribalattch_0.pdf

https://www.epa.gov/sites/production/files/2016-08/documents/techguidancetribalattch_0.pdf



64

APPENDIX H: AIR POLLUTION EMISSIONS INFORMATION AND DATA SOURCES

Resource Link/Information Source

Air Emissions Sources Website is designed to make emissions

data for six common (criteria) pollutants easy to find and

understand. Users can look at overall emissions, emissions by

type of industry, or emissions by largest polluter.

https://www.epa.gov/air-emissions-inventories/air-

emissions-sources

ICIS-AIR contains compliance and permit data for stationary

source of air pollution regulated by EPA, state and local air

pollution agencies.

https://www.epa.gov/enviro/icis-air-overview

https://www.epa.gov/enviro/icis-air-search;

https://www.epa.gov/sites/production/files/widgets/ef-

afs.html

AirData presents annual summaries of air pollution data from

the NEI (National Emission Inventory) database which provides

estimates of annual emissions of criteria and hazardous air

pollutants from all types of sources.

http://www.epa.gov/airdata/

AIRNow Website users search the Air Quality Index to find

ozone maps to learn more about air quality and air pollution.

http://airnow.gov/

EJSCREEN is an environmental justice screening and mapping

tool that provides EPA with a nationally consistent dataset and

approach for combining environmental and demographic

indicators.

https://www.epa.gov/ejscreen

Emission Inventory Basics for Tribal Air Coordinators,

October 2008


09/documents/emisioninventorybasics2008.pdfh

Clearinghouse for Inventories and Emissions Factors

(CHIEF)

https://www.epa.gov/chief;

https://www.epa.gov/air-emissions-monitoring-

knowledge-base

Introduction to Emission Inventories for Tribes, October

2008

https://epa.gov/sites/production/files/2016-

09/documents/introtoemissioninventoriestribes2008.p

df

The EIS Gateway, the first component of the Emissions

Inventory System (EIS), was developed to provide registered

users with access to emissions inventory data and to provide

transparency to the emissions inventory process. Registered

users can access facility inventory and emissions data for

sources in their jurisdiction.

https://www.epa.gov/air-emissions-

inventories/emissions-inventory-system-eis-gateway

The Emissions & Generation Resource Integrated Database

(eGRID) is a comprehensive source of data on the

environmental characteristics of almost all electric power

generated in the United States.

https://www.epa.gov/energy/emissions-generation-

resource-integrated-database-egrid



https://www.epa.gov/enviro/icis-air-overview

https://www.epa.gov/enviro/icis-air-search

https://www.epa.gov/sites/production/files/widgets/ef-afs.html

https://www.epa.gov/sites/production/files/widgets/ef-afs.html

http://www.epa.gov/airdata/

http://airnow.gov/

https://www.epa.gov/ejscreen

https://www.epa.gov/sites/production/files/2016-09/documents/emisioninventorybasics2008.pdf

https://www.epa.gov/sites/production/files/2016-09/documents/emisioninventorybasics2008.pdf

https://www.epa.gov/chief

https://www.epa.gov/air-emissions-monitoring-knowledge-base

https://www.epa.gov/air-emissions-monitoring-knowledge-base

https://epa.gov/sites/production/files/2016-09/documents/introtoemissioninventoriestribes2008.pdf



https://www.epa.gov/air-emissions-inventories/emissions-inventory-system-eis-gateway

https://www.epa.gov/air-emissions-inventories/emissions-inventory-system-eis-gateway

https://www.epa.gov/energy/emissions-generation-resource-integrated-database-egrid

https://www.epa.gov/energy/emissions-generation-resource-integrated-database-egrid


65

The National Emissions Inventory (NEI) is a comprehensive

and detailed estimate of air emissions of both criteria and

hazardous air pollutants from all air emissions sources. The NEI

is prepared every three years by the U.S. EPA based primarily

upon emission estimates and emission model inputs provided by

state, local and tribal air agencies for sources in their

jurisdictions and supplemented by data developed by the U.S.

EPA.

https://www.epa.gov/air-emissions-

inventories/national-emissions-inventory-nei

The Tribal Emission Inventory Software Solution (TEISS) is

free to all federally recognized U.S. tribes and was designed

specifically to help tribes develop emission inventories.

http://www7.nau.edu/itep/main/air/air_aqt_teiss

Window to My Environment (WME) is a powerful web-based

tool that provides a wide range of federal, state, and local

information about environmental conditions and features in an

area of your choice.

https://www3.epa.gov/enviro/myenviro/

Envirofacts Data Warehouse is a single point-of-access to

select and view US EPA environmental data. This website

provides access to several EPA databases (including: AFS, PCS,

CERCLIS, ECHO and many more) to provide you with

information about environmental activities that may affect air,

water, and land anywhere in the United States.

https://www3.epa.gov/enviro/

https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei

https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei

http://www7.nau.edu/itep/main/air/air_aqt_teiss

https://www3.epa.gov/enviro/myenviro/

https://www3.epa.gov/enviro/


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EPA Regional Contacts (for technical help with Emission Inventories):

EPA Region 1 Bob McConnell [email protected] 617-918-1046

EPA Region 2 Raymond Forde [email protected] 212-637-3716

EPA Region 3 Alice Chow [email protected] 215-814-2144

EPA Region 4 James Hou [email protected] 404-562-8965

EPA Region 5 Loretta Lehrman [email protected] 312-886-5482

EPA Region 6 Carl Young [email protected] 214-665-6645

EPA Region 7 Steven Brown [email protected] 913-551-7718

EPA Region 8 Mark Komp [email protected] 303-312-6022

EPA Region 9 Larry Biland [email protected] 415-947-4132

EPA Region 10 Madonna Narvaez [email protected] 206-553-2117


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APPENDIX I: DESIGNATIONS RECOMMENDATION SUBMISSIONS CHECKLIST

1. Is the submittal accompanied by a formal letter from an authorized tribal official to an EPA Regional Administrator?

2. Did you consult with your EPA regional office to ensure you have the most current data, information, and guidance?

3. If you are requesting a separate designation, did you consider all potential implications in identifying your Indian country boundaries?

4. Are you submitting your recommendation on or before the due date?

5. Did you clearly state your recommended designation as attainment, nonattainment, or unclassifiable?

6. Did you clearly state the pollutant for which you are submitting the recommendation (for example, 8-hour ozone, PM2.5, etc.)?

7. Did you provide the necessary technical analysis (five factors) to support your recommendation?

8. Is your technical analysis based on the most current data and information available?

9. Did you include all other available information to support your recommendation?


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APPENDIX J: EPA TECHNICAL SUPPORT DOCUMENT FOR PM2.5 DESIGNATIONS This appendix provides an example of how the EPA reviewed the technical analysis for the Santa Rosa Band of Mountain Cahuilla Indians for the 24-hour PM2.5 NAAQS designations. Note that the example below covers nine factors. Although, the EPA has merged the nine factors into five factors, the required information is the same.


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END OF DOCUMENT

Documents

Developing a Designation Recommendation for Indian Country · NAAQS designation recommendation to the EPA for their area of Indian country. It contains guidelines for understanding,